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My friend's car was impounded following at arrest for drunk driving in NYS but is likely to get the car back?
Anonymous3 views5 answers
My friend was arrested for driving while intoxicated and blew a 0.09 at the precinct a little over a week ago. He was released the next day as it was his first offense. He was driving a friends car however and it is impounded in Nassau County. He went to the court once after the arrest and he cannot drive for 30 days and has to reappear in court in January. The owner of the car and the driver have to go get the car in about 2 weeks but apparently it is possible to have the car taken away. Is there a good chance for the car to be given back since it was not the drivers car?
Joseph A Lo PiccoloCriminal Defense AttorneyGarden City, NY ·
There is a strong chance the car will be returned. There is a an innocent owner argument to be made on the owner's side. Speak to a local attorney. Good Luck!
Yes the owner of the car has a very good "innocent owner" defense and they do not have to wait until the scheduled retention hearing. Need to speak with a knowledge attorney immediately about both the criminal and civil ends of the case
If he loses the car and / or incurs legal expenses to get it back the drunk driver "friend" is on the hook to the owner of the car in a private cause of action for the value of the car plus legal expenses. He is also liable for rental car expenses - essentially all losses to the owner of the car due to getting it seized for getting himself locked up for being DWI. Tell your friend to not let the guy that did this to him off the hook. This is why I never loan anyone my car.
