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HE WASN'T A PUBLIC SAFETY RISK

Vehicle Retention

ALJ orders return of seized car.

The Police Department sought to retain respondent's vehicle, seized in connection with his arrest for driving while under the influence of alcohol and causing an accident. ALJ Faye Lewis ordered the Department to return the vehicle, finding that the Department has failed to demonstrate respondent posed a heightened risk to public safety such that it was necessary to retain the vehicle pending resolution of the civil forfeiture action.

Police Dep't v. Serrano, OATH Index No. 2759/14, mem. dec. (July 11, 2014).

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