Vehicle Retention
Police Department entitled to retain seized car.
The Police Department brought a proceeding to determine its right to retain respondent’s vehicle seized in connection with her arrest for DWI. ALJ Tynia D. Richard found that respondent’s blood alcohol content of .166 and two prior convictions for driving while under the influence established a heightened risk to public safety. ALJ Richard ruled that the Department may retain respondent’s vehicle pending the outcome of the civil forfeiture action.
Police Dep't v. Garcia (in PDF) , OATH Index No. 2427/13, mem. dec. (July 3, 2013).