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DWI VEHICLE SEIZURES

DPI Transportation Services

www.ncbussafety.orgLook under

“new to website”

History Lesson

December 1, 1997: Vehicles seized if driver is arrested for DWI and driving with a license revoked for a DWI offense

Vehicles were taken to the LEA; LEAs were not allowed to charge storage

LEAs were losing money for storing the vehicles (fencing, security, etc.)

History Lesson

Spring, 1999 – Law changed:– DPI Authorized to enter into a statewide contract for

towing / storing / selling seized vehicles.– LEAs Authorized to collect storage fee (up to $10/day)– Requirement: no LEA can lose money

DPI contracted with a 3rd party as indicated above– All LEAs participated– Some money was made; no money was lost

Current Status

Contract with Martin Edwards and Associates in Linden, NC for towing/storing/selling DWI vehicles in the eastern part of the state

Contract with Eastway Towing in Charlotte for towing/storing/selling DWI vehicles in the western part of the state

Cleveland County Schools handles DWI vehicles in Cleveland County

Sequence of events when a vehicle is seized under North Carolina’s DWI Law

Example: John Doe gets pulled over by law enforcement after driving recklessly and crossing the centerline. – The officer runs his driving record

and sees that the driver’s license is revoked for a DWI or related offense.

– John Doe fails all field tests for DWI and the officer at the scene seizes the vehicle under the DWI seizure law.

Sequence of events, cont’d

A Tow Company is called. DPI Contractors are encouraged to have

subcontracts with local towing companies so that the initial call from law enforcement goes to their subcontractor– (This is very important because if the call goes to a local

rotation wrecker, the contractor will likely pay a higher towing/storage fee to get the vehicle, which will come from the proceeds of the sale of the vehicle.)

Sequence of events, cont’d

If no subcontract, rotation wrecker service is called.

The subcontractor or rotation wrecker notifies the contractor that they have a seized vehicle ready for pickup.

In Cleveland County, one towing company gets the initial call

Sequence of events, cont’d

The officer that seizes the vehicle has 24 hours to notify DMV of the seizure. – DMV puts a hold on the title of the vehicle, and within 48

hours sends notices of the seizure to registered owner(s) and lienholder(s).

– A daily seizure report is generated by DMV. DPI Contractors have access to this report to ensure that they know of all seized vehicles for which they are responsible.

– This report has the county of seizure, year, make, model, VIN number, tag number, storage address, storage telephone, owner address, defendant name, seizure date of the vehicle.

Sequence of events, cont’d

DPI contractor sends a car carrier to where the vehicle is located – Contractor pays the

initial tow and storage, then transports the vehicle to the storage facility

Cleveland County: Local tower brings vehicle to the bus garage

Sequence of events (cont’d.) The vehicle is held until it is released or is sold at

a public sale: Released to lienholder or innocent owner upon

presenting a court order and payment of towing/storage fees.

Forfeited vehicles - sold and proceeds pay off towing/storage/sale with proceeds to the schools

Expedited Sales - Vehicles worth <$1,500 held 90 days, or vehicles with a towing/storage bill reaching 85% of its value (tax value acc. to DMV)

Vehicle Sales - Process

LEA obtains and completes DMV form ENF-261 - notice of sale of motor vehicle – 20-day advance notice to DMV.

Indicate on the ENF-261 in Section “E” that it is a “Expedited Sale” and states the date in which it is to be sold to the owner and lienholder. DMV will then send out a notice to the owner(s) and lienholder(s) that the vehicle will be sold and what date.

DMV sends the LEA a form 265, serving as approval to sell.

Vehicle Sales – Process (Cont’d)

DMV sends a notice to the owner and lienholder notice of the sale via first class mail to the addresses stated in DMV STARS 10 days ahead.

Immediately prior to sale, check DMV STARS system to ensure that title holds have not been removed in order not to sell a DWI vehicle inappropriately.

Auction Day – The highest bidder will receives the DMV form 265 after paying for the vehicle(s) to take to DMV to obtain a clear title.

Vehicle Status - 2010 3,596 vehicles were impounded during this reporting

period, averaging over 69 vehicles per week 717 vehicles were released to innocent owners or

lienholders upon payment of towing and storage fees to Contractors. ($7170.00 going to the General Fund).

771 vehicles remain impounded at contractors’ locations at the end of the reporting period.

71 vehicles were forfeited during this period; Four (4) forfeited vehicles were retained by local

school boards for their own use.

Vehicle Sale Status 1,630 vehicles were sold at public sale for a total

of $1,972,600 or an average of $1,210 per vehicle. – Contractors received $197,225 for towing and selling

fees, and $1,071,772 for storage fees. An additional $16,300 going to the General Fund.

– Most vehicles sold to date have been sold under the expedited sale provision. If the vehicles sold under the expedited sales provisions are forfeited, local schools systems will receive additional proceeds, including those held by the clerk of court. If vehicles are sold as forfeited vehicles, local school systems will receive additional proceeds, including those held by the clerk of court.

DWI PROGRESS REPORT

DPI Transportation Services