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Order Of Non Defendant Owners Petition Application For Release Of Seized Motor Vehicle CR-332 - North Carolina
| Order Of Non Defendant Owners Petition Application For Release Of Seized Motor Vehicle Form. This is a North Carolina form and can be used in Criminal Statewide . |
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File No. STATE OF NORTH CAROLINA County In The General Court Of Justice District Superior Court DivisionName Of Defendant Defendants Drivers License No. State ORDER ON NON-DEFENDANT OWNERS Name Of Petitioner (Vehicle Owner) PETITION/APPLICATION FOR RELEASE OF SEIZED MOTOR VEHICLE Petitioners Drivers License No. State G.S. 20-28.2(e), 20-28.3(e), 20-28.3(e1)Vehicle Identification No. Vehicle Type Make YearVehicle License No. State Date Of Seizure Date Of Offense I. CLERKS ORDER ON PETITION FOR TEMPORARY RELEASE On the application of the person named above for the temporary release of the motor vehicle described above pending a proceeding before the Clerk on permanent release or pending a hearing on the forfeiture of the vehicle, the undersigned finds as follows: 1. The applicant is a person in whose name a registration card or certificate of title for the motor vehicle was issued at the time of the seizure. 2. The motor vehicle was seized and impounded pursuant to G.S. 20-28.3. 3. The motor vehicle has been seized for at least 24 hours. 4. The applicant was not the driver at the time of the underlying offense resulting in the seizure. 5. The applicant has properly executed an adequate "Bond To Secure Return Of Motor Vehicle For Proceeding Or Hearing On Petition For Release," AOC-CR-331. 6. The applicant has executed and filed an acknowledgment as defined in G.S. 20-28.2(a1), and a check of the records of the Division of Motor Vehicles indicates that the applicant has not previously executed an acknowledgment naming the defendant named above. 7. A check of the appropriate records of the Court or the Division of Motor Vehicles indicates that a bond posted to secure the release of the motor vehicle described above has not previously been ordered forfeited. It is ORDERED that: (NOTE: If all findings above are checked, check Order No. 1 below. If any finding is not checked, check Order No. 2 below.) 1. The motor vehicle described above be released to the applicant upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of the vehicle, on condition that the applicant return the vehicle, in substantially the same condition as it was at the time of seizure and without any new or additional liens or encumbrances, on the day of any hearing scheduled and noticed by the District Attorney under G.S. 20-28.2(c), unless the motor vehicle has been permanently released. NOTE: Failure to return the vehicle will result in forfeiture of the applicants bond and may result in the issuance of an order to show cause why the applicant should not be held in contempt. 2. The application is denied and the motor vehicle shall remain impounded pending further orders of the Court. NOTE TO CLERK: Do not report the entry of this Order to DMV. Date Signature Assistant CSC Clerk Of Superior Court AOC-CR-332, Rev. 10/04 2004 Administrative Office of the Courts (Over) <<<<<<<<<********>>>>>>>>>>>>> 2 NOTE: Use Section II to enter an order either after a proceeding before the Clerk on a non-defendant motor vehicle owners petition for permanent pretrial release of a seized motor vehicle, or after a forfeiture hearing at which a non-defendant motor vehicle owners petition for release of a seized vehicle is heard. II. ORDER ON PETITION FINDINGS OF FACT This matter is before the Clerk or the Court on petition of the vehicle owner named on the reverse side for release of the motor vehicle described on the reverse side. A proceeding was held before the Clerk or a hearing was held before the Court on this date. On the basis of the evidence presented and the entire record in this action, the Clerk or the Court finds by the greater weight of the evidence that: 1. The motor vehicle was seized on the date shown on the reverse side while being driven by the defendant named on the reverse side and the defendant was charged with committing an impaired driving offense while the defendants drivers license was revoked pursuant to an impaired driving license revocation. 2. The petitioner is a person in whose name a registration card or certificate of title for the motor vehicle described above was issued at the time the vehicle was seized. 3. At the time of the offense the defendant had no ownership interest in the motor vehicle, or was not the only owner of the vehicle. 4. The petitioner is an innocent owner in that: a. The petitioner did not know and had no reason to know that the defendants drivers license was revoked. b. The petitioner knew that the defendants drivers license was revoked, but the defendant drove the motor vehicle without the petitioners expressed or implied permission, and the petitioner filed a police report for unauthorized use of the motor vehicle and has agreed to prosecute the unauthorized operator of the motor vehicle. c. The motor vehicle was reported stolen. d. The petitioner is in the business of renting vehicles, and the defendant is not listed as an authorized driver on the rental contract. e. The petitioner is in the business of leasing motor vehicles, held legal title to the motor vehicle as lessor at the time the vehicle was seized, and had no actual knowledge of the revocation of the defendants drivers license at the time the lease was entered. 5. The Clerk or the Court has been furnished a properly executed form FS-1, and is satisfied that the petitioner is financially responsible. 6. The petitioner has executed and filed an acknowledgment as defined in G.S. 20-28.2(a1). 7. A check of the records of the Division of Motor Vehicles indicates that the petitioner: a. has not previously executed an acknowledgment naming the defendant. b. has previously executed an acknowledgment naming the defendant, but has taken all reasonable precautions to prevent the use of the vehicle by the defendant and immediately reported, upon discovery, any unauthorized use of the vehicle to the appropriate law enforcement agency. 8. If the petitioner is a vehicle lessor, the petitioner has agreed not to sell, give, or otherwise transfer possession of the motor vehicle to the defendant or to any person acting on the defendants behalf. NOTE: If all numbered findings above are checked, and either Finding 4.a, 4.b, 4.c, 4.d, or 4.e is checked, the petitioner is an innocent owner entitled to the release of the motor vehicle. If any numbered finding is not checked, the petitioner is not an innocent owner and is not entitled to the release of the motor vehicle. CONCLUSIONS OF LAW The pe
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