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Order Releasing Seized Motor Vehicle To Defendant Or Motor Vehicle Owner After Disposition Of Criminal Charges CR-336 - North Carolina
| Order Releasing Seized Motor Vehicle To Defendant Or Motor Vehicle Owner After Disposition Of Criminal Charges Form. This is a North Carolina form and can be used in Criminal Statewide . |
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STATE OF NORTH CAROLINA COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : File No. Index No. County Name Of Defendant Defendant's Drivers License No. Calendar No.General Court Of Justice In The District Superior Court Division Plaintiff(s) -againstState : JUDICIAL SUBPOENA Name Of Motor Vehicle Owner (See Note) Motor Vehicle Owner's Drivers License No. Vehicle Identification No. State : ORDER RELEASING SEIZED MOTOR VEHICLE TO DEFENDANT OR : MOTOR VEHICLE OWNER AFTER DISPOSITION OF CRIMINAL CHARGES : G.S. 20-28.4 Make Year Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vehicle.Type. . . .... .. State Date Of Seizure Vehicle License No. Date Of Offense THE PEOPLE OF THE STATE OF NEW YORK NOTE: [Use this form only to enter an order releasing a motor vehicle to the defendant or other motor vehicle owner (1) after the defendant has been found not guilty of the underlying offense involving impaired driving, or (2) after the charge has been dismissed without leave, or (3) after the defendant has pled to or been convicted of a lesser offense, or (4) after the Court has failed to find that TO the defendant's drivers license was revoked as a result of a prior impaired driving license revocation as defined in G.S. 20-28.2(a). To enter an order forfeiting a seized motor vehicle, use "Order Forfeiting Motor Vehicle After Hearing (DWI Seizure)," AOC-CR-335.] In the space labelled "Name Of Motor Vehicle Owner" above, enter the name of the owner to whom the motor vehicle is to be released. If this is the defendant, enter the defendant's name here as well as in the space for "Name Of Defendant." GREETINGS: 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 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend finds hearing was held before the Court on this date. Based on the evidence presented and the entire record in this case, the Court before at the Court that: the Honorable , located above while being driven by the defendant named above. The vehicle was seized County vehicle was seized on the date shownat 1. The motor of pursuant to G.S. 20-28.3(a). in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify above is aevidence as a witness in thiscard or certificate of title the the motor vehicle was and give person to whom a registration action on the part of for 2. The motor vehicle owner named issued at the time of seizure. 3. The defendant was subsequently not convicted of an offense involving impaired driving or if the defendant was convicted the Court fails to find that the defendant's drivers license was revoked as a result of a prior impaired driving license revocation as defined in Your G.S. 20-28.2(a). failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a CONCLUSIONS OF LAW result of your failure to comply. On the basis of the foregoing findings of fact, the Court concludes as a matter of law that the vehicle described above is not subject to forfeiture pursuant to G.S. 20-28.2. Witness, Honorable , one of the Justices of the ORDER Court in that the motor County, day of and any funds held by the Clerk representing proceeds of insurance be , 20 It is ORDERED vehicle described above released to the motor vehicle owner named above upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle, and the Clerk shall disburse to the motor vehicle owner all funds held by the Clerk representing proceeds of the sale of the motor vehicle. (Attorney must sign above and type name below) Date Name Of Presiding Judge (Type Or Print) Signature Of Presiding Judge NOTICE TO PARTY OBTAINING RELEASE: "[W]ithin 30 days of the date of the court's [release] order, the owner must make Attorney(s) for payment of the outstanding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to [the] Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics' lien on the motor vehicle for towing and storage costs." G.S. 20-28.4. CERTIFICATION The foregoing is a true and correct copy of the original on file in this office. Date Signature Office and P.O. Address Deputy CSC Clerk Of Superior Court Assistant CSC NOTE TO CLERK: The Clerk shall report to DMV by electronic means [STARS] the entry of an order of release. G.S. 20-28.8. The Clerk may also Facsimile send a copy of the order of release to the county school board attorney and District Attorney. AOC-CR-336, Rev. 12/06 © 2006 Administrative Office of the Courts Telephone No.: No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com
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