Attorney: Clarke Dummit
Type of Case: Vehicle Forfeiture
Case Result: Successfully received a court order returning the car
County: Forsyth County
A mother and her daughter were both on the title of a car. However, it was primarily the daughter’s vehicle. A friend of the daughter took it without permission and got charged with DWI. At the time, the friend was driving with a revoked license due to a prior DWI. So, the police seized the car and towed it to Charlotte for forfeiture. The daughter petitioned to get the car returned, but she was denied.
Appealing to Avoid Vehicle Forfeiture
After getting denied, the daughter decided to seek help from attorney Clarke Dummit. He advised her on how she needed to fix the problem in the petition and told her to try. But because her petition had already been denied, the clerk would not allow her to fix it.
There is no way to appeal after a ruling by the clerk. So, there was no way our firm could help her fix this problem. She was stuck waiting months for a hearing in District Court. Since there was no chance to appeal, the only thing that she could do at that point was to wait until the underlying DWI was resolved and ask a Judge not to forfeit the vehicle. It would be at least six to nine months until she could get a hearing. And if the state forfeits the car, she’d lose it forever.
Reviewing Every Case Detail
But, as attorney Clarke Dummit was reviewing all the paperwork, he noticed that the mother was also on the title. He could not correct the mistakes the daughter had already made, but he could start fresh and win for the mother. So he prepared a new and correct petition and won a hearing before the clerk to get the vehicle returned. Both the mother and daughter drove to Charlotte the very same day to get the car out of impound.
Contact an Attorney Experienced in Vehicle Forfeitures
It is critical that each filing is done correctly in all law cases, but especially in vehicle forfeiture cases. If you are trying to get a vehicle returned after a DWI vehicle seizure, you must talk with an attorney who regularly handles these. If done incorrectly, then you jeopardize losing the car. Verify the attorney you meet with has done multiple hearings, or they may not understand how this unusual process works.
Contact us today to meet with an attorney experienced in vehicle forfeitures in Winston-Salem, Greensboro, or High Point.