Plate Confiscation, Vehicle Forfeiture and Immobilization
Many clients charged with a drinking and driving offense do not realize the possible consequences which may include plate confiscation, vehicle forfeiture, vehicle immobilization and registration denial.
License Plate Confiscation
Law enforcement is supposed to destroy the plate, including the plate on a leased vehicle or of an innocent owner for a second alcohol or drug violation while operating a vehicle or a third violation for driving while suspended or revoked. A paper plate is issued and it expires when the underlying plate expires. The paper plate must be renewed at a branch office. At the time of adjudication of the court case, the owner may obtain a new metal plate, if otherwise eligible.
Vehicle Forfeiture
A vehicle may be forfeited as a sentencing provision by the Court with respect to certain drinking and driving cases. A forfeiture applies only to the drunk driver who owns the vehicle. If the drunk driver is a partial owner, then the proceeds derived from a disposition of the vehicle are split between the State and the innocent co-owner, after the secured party and the costs of the forfeiture are satisfied. Transfer of a vehicle with the intent to avoid forfeiture is a felony punishable by a maximum of 4 years in prison, $2,000.00 fine, or both.
Vehicle Immobilization
Vehicle immobilization is imposed at the time of sentencing, and begins after any jail sentence. Immobilization applies to the vehicle involved in the violation at the cost of the defendant and can be waived if the court finds that the defendant is not on the title with the innocent owner and the innocent owner did not knowingly allow the defendant to operate the vehicle.
Registration Denial
Repeat violators with multiple alcohol convictions or driving while suspended/revoked, are not eligible to register a vehicle. While subject to registration denial it is a crime to purchase, lease or otherwise acquire a motor vehicle. Upon registration denial, you will be unable to make any registration, renewal, sale or transfer to all vehicles owned or co-owned by persons suspended or revoked. Registration denial ends when a person is eligible to obtain a driver's license.
The ABDO LAW FIRM located in Macomb County provides complete defense of drinking and ancillary proceedings for vehicle immobilization or forfeiture.
