Vehicle Retention
Failure to comply with notice provisions results in release of seized car.
The Police Department sought to retain a vehicle it had seized when arresting
the driver for driving while intoxicated. ALJ Joan R. Salzman found that
the Police Department failed to show it provided the respondent with two
notifications, as required by Federal Court order in Krimstock v. Kelly,
to inform the respondent promptly of his right to challenge the seizure
of his vehicle.
Police Dep't v. Peake
(in PDF), OATH Index No. 1282/12, mem. dec. (Feb. 24, 2012). .