Order Of Non Defendant Owners Petition Application For Release Of Seized Motor Vehicle Impaired Driving {CR-332A}

STATE OF NORTH CAROLINA County Name Of Defendant Defendant's Drivers License No. Name Of Petitioner/Applicant (Vehicle Owner) Petitioner's/Applicant's Drivers License No. Vehicle Identification No. Vehicle License No. State State State File No. In The General Court Of Justice Superior Court Division District ORDER ON NON-DEFENDANT OWNER'S PETITION/APPLICATION FOR RELEASE OF SEIZED MOTOR VEHICLE IMPAIRED DRIVING G.S. 20-28.2(e), 20-28.3(e), 20-28.3(e1) Vehicle Type Date Of Seizure Make Date Of Offense Year I. CLERK'S 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 Temporary Pretrial Release Of Motor Vehicle - Impaired Driving," AOC-CR-331A. 6. The applicant has executed and filed an acknowledgment as defined in G.S. 20-28.2(a1)(1), 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 by the applicant 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 applicant's bond and seizure of the vehicle, 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 remove the title hold in STARS upon the entry of an order for temporary release. Date Signature Assistant CSC Clerk Of Superior Court II. ORDER ON PETITION FOR PERMANENT RELEASE pretrial release of a seized motor vehicle, or after a forfeiture hearing at which a non-defendant motor vehicle owner's petition for release of a seized vehicle is heard. NOTE: Use Section II to enter an order either after a proceeding before the Clerk on a non-defendant motor vehicle owner's petition for permanent FINDINGS OF FACT This matter is before the Clerk or the Court on petition of the vehicle owner named above for release of the motor vehicle described above. 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 above while being driven by the defendant named above. The defendant was charged with an offense involving impaired driving and it is alleged that at the time of the violation the defendant's drivers license was revoked as a result of a prior impaired driving license revocation. the defendant did not have a valid drivers license and did not have liability insurance. (Over) AOC-CR-332A, Rev. 12/13 © 2013 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com 2. The petitioner is a person in whose name a registration card or certificate of title for the motor vehicle described on the reverse side was issued at the time the vehicle was seized. 3. The petitioner was not the driver at the time of the underlying offense resulting in the seizure. 4. The petitioner is an innocent owner in that: a. The petitioner did not know and had no reason to know that the defendant's drivers license was revoked. the defendant did not have a valid drivers license and did not have liability insurance. b. The petitioner knew that the defendant's drivers license was revoked, the defendant did not have a valid drivers license and that the defendant had no liability insurance, but the defendant drove the motor vehicle without the petitioner's 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. (applicable to offenses committed prior to December 1, 2013) The petitioner is in the business of renting vehicles, and the defendant is not listed as an authorized driver on the rental contract. (applicable to offenses committed on or after December 1, 2013) The petitioner is a rental car company as defined in G.S. 66-201 and the defendant is not listed as an authorized driver on the rental agreement as defined in G.S. 66-201. the defendant is listed as an authorized driver on the rental agreement as defined in G.S. 66-201, but the petitioner had no actual knowledge of the revocation of the defendant's license at the time the rental agreement was entered. 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 defendant's drivers license at the time the lease was entered. 5. The Clerk or the Court has been furnished a properly executed form FS-1, or other proof of insurance, 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)(1). 7. A check of