Legal Question in DUI Law in New York

Can state forfeit my mother's car if my friend arrested using it DWI?

Last August, my friend was pulled over for DUI. I drive the car but the title holder's name is my mother's. The car was impounded. I picked up the car the next day and was told there were no more problems. My friend's case was dropped down to a moving violation and the DUI charges were dropped. It is now December and my mom received a summons last week to appear in court. The county says they have the right to forfeit my car. My mother had no idea and did not give permission for my friend to drive it. Can my car be taken away even though my mom did not give permission for him to drive it? I was under the impression that a vehicle can not be taken away unless the name on the title belonged to the DUI driver.


Asked on 12/22/05, 11:57 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Can state forfeit my mother's car if my friend arrested using it DWI?

The government has 'broad powers'. It is best to make an appointment and be prepared to contest the action on the basis that the young man drove the car against the wishes of the mother.

Do they have a second car? That would help.

You are welcome to a consultation for no fee.

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Answered on 12/23/05, 12:24 pm


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