Vehicle Retention
Police Department must return seized car because it did not give owner
timely notice of hearing rights.
ALJ Kara J. Miller found that the Police Department failed to provide the arrestee with notice, as required by the Federal Court order in Krimstock v. Kelly. ALJ Miller found that respondent’s detailed affidavit in which he denied that he received notice of his hearing rights at the time of arrest or by mail was more persuasive than the Department’s proof, which contained inconsistencies. ALJ Miller ordered the Police to release the vehicle.
Police Dep't v. Drummond (in PDF), OATH Index No. 1704/13, mem. dec. (Apr. 3, 2013).