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Order Forfeiting Motor Vehicle After Hearing CR-335 - North Carolina
| Order Forfeiting Motor Vehicle After Hearing Form. This is a North Carolina form and can be used in Criminal Statewide . |
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File No. STATE OF NORTH CAROLINA In The General Court Of Justice County District Superior Court DivisionName Of Defendant Defendants Drivers License No. State ORDER FORFEITING MOTOR VEHICLE Vehicle Identification No. AFTER HEARING (DWI SEIZURE) Vehicle License No. State G.S. 20-28.2(b),(d); 20-28.5Vehicle Type Make Year Date Of Seizure Date Of Offense NOTE: Use this form only to enter an order forfeiting a motor vehicle pursuant to G.S. 20-28.2. FINDINGS OF FACT This matter is before the Court to determine whether the vehicle described above shall be forfeited pursuant to G.S. 20-28.2. A hearing was held before the Court on this date. Based on the evidence presented and the entire record in this case, the Court finds by the greater weight of the evidence that: 1. The motor vehicle was seized on the date shown above while being driven by the defendant named above and the defendant was charged with committing an offense involving impaired driving while the defendants drivers license was revoked pursuant to an impaired drivers license revocation. 2. The motor vehicle has not previously been released to a non-defendant motor vehicle owner pursuant to G.S. 20-28.3(e1), a defendant owner pursuant to G.S. 20-28.3(e2), or a lienholder pursuant to G.S. 28.3(e3). 3. Pursuant to G.S. 20-28.2(c), the prosecutor has notified the defendant, each motor vehicle owner, and each lienholder that the motor vehicle may be subject to forfeiture and that the defendant, motor vehicle owner, or the lienholder may intervene to protect that persons interest, and this notice was served at least ten (10) days before the hearing, as shown by the Prosecutors Notice Of Hearing And Certificate Of Service on file in this case. 4. Neither the defendant, a non-defendant motor vehicle owner nor a lienholder appeared at this hearing or petitioned for release of the vehicle or, if any of them has so appeared or petitioned, all petitions have been denied. No non-defendant motor vehicle owner has been determined to be an innocent owner. (Select appropriate option) 5. a. The defendant has been convicted of an offense involving impaired driving and the defendants drivers license was revoked pursuant to an impaired driving license revocation as defined in G.S. 20-28.2(a). b. [NOTE: Applicable for offenses committed on or after December 1,1998. G.S. 20-28.2(b) and (d)] The defendant has not been convicted of an offense involving impaired driving, but the defendant failed to appear at his/her scheduled trial for that offense, at least sixty (60) days have elapsed since the date scheduled for that trial, and an order for the defendants arrest has been issued and has not been set aside. The defendant is guilty of that offense and the defendants drivers license was revoked pursuant to an impaired driving license revocation as defined in G.S. 20-28.2(a). CONCLUSIONS OF LAW On the basis of the foregoing findings of fact, the Court concludes as a matter of law that the vehicle described above is subject to forfeiture pursuant to G.S. 20-28.2. ORDER It is ORDERED that the vehicle described above be forfeited, transferred to the county board of education named above and, at the boards option, either sold pursuant to G.S. 20-28.5 or retained and registered by it with the Division of Motor Vehicles pursuant to this Order, and the Clerk of Superior Court shall disburse to the county board of education all funds being held by the Clerk representing proceeds of insurance or proceeds from the sale of the motor vehicle. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge APPEAL ENTRIES 1. The defendant named above in district court, gave notice of appeal from the conviction of the offense involving impaired driving found in the above Order. This Order shall become effective if the appeal is withdrawn or the case is remanded to District Court. 2. The defendant named above, gave notice of appeal to the Appellate Division from the conviction of the offense involving impaired driving found in the above Order. Pursuant to G.S. 20-28.5(e), enforcement of that Order is stayed pending determination of that appeal. Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge CERTIFICATION The foregoing is a true and correct copy of the original on file in this office. Date Signature Deputy CSC Assistant CSC Clerk Of Superior Court AOC-CR-335, Rev. 4/2000 (See reverse side for important Notes.) 2000 Administrative Office of the Courts <<<<<<<<<********>>>>>>>>>>>>> 2NOTE TO CLERK: "The Clerk shall report to DMV by electronic means [STARS] the entry of an order of forfeiture," G.S. 20-28.8. TheClerk may also send a copy of the order of forfeiture to the county school board attorney and district attorney.FURTHER NOTE TO CLERK: "Upon receipt of notice of a conviction of a violation of an offense involving impaired driving while thepersons license is revoked as a result of a prior impaired driving license revocation, [DMV] shall revoke the registration of all motorvehicles registered in the convicted persons name and shall not register a motor vehicle in the convicted persons name until theconvicted persons license is restored." G.S. 20-54.1(a). DMV shall also "revoke the registration of the motor vehicle seized and theowner shall not be allowed to register the motor vehicle seized until the convicted operators drivers license has been restored." G.S.20-54.1(b). To facilitate implementation of these provisions, if Findings of Fact No 5.a. in this Order is selected, the Clerk should reportthe conviction to DMV using STARS, in addition to reporting the conviction to DMV in the ordinary way.AOC-CR-335, Side Two, Rev. 4/2000 2000 Administrative Office of the Courts
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