I was driving my wife’s/friend’s car and they forfeited the vehicle, how can i get it back?
If you are arrested for a DWI/DUI while driving someone else’s car, and that car is being held for forfeiture, the owner of the vehicle will have to file paperwork to try to get it back. Because you are not the registered owner of the vehicle, you do not have any standing to challenge the forfeiture, therefore you cannot file any paperwork.
There is a defense available to a vehicle owner that has a vehicle being forfeited for a DWI/DUI when they were not the driver. This is generally referred to as the “innocent owners defense.” In order for this to be successful, the innocent owner needs to show by clear and convincing evidence that they did not have knowledge, actual or constructive, that the vehicle would be used in a manner contrary to law, or that they took reasonable steps to try to prevent the vehicles use by the offender.
If the person arrested has 3 or more prior DWI/DUI convictions and is a family or household member of the owner of the vehicle, the vehicle owner is presumed to know of any vehicle use by the offender that is contrary to law.
If your vehicle is being forfeited because someone else got arrested for a DWI/DUI while driving it, call the experienced attorneys at Gerald Miller, P.A. today to set up an appointment to discuss your options.
