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Drug-related vehicle forfeitures

If a vehicle has been used to commit or facilitate a violation of drug laws, it may be confiscated by police and the title forfeited to the government. Use of the vehicle to bring about the sale of even a small amount of an illegal drug may give rise to seizure and forfeiture. The seizure of a vehicle most often takes place when the owner or driver of the vehicle is arrested on a drug­related criminal charge. When a vehicle is seized, the owner may make a claim for its return and request a hearing as to whether the vehicle is subject to forfeiture. The time limits for filing such a claim and requesting a hearing are short and strictly enforced. This hearing is separate from any criminal hearing that may follow. If a vehicle has been used to violate drug laws by someone without the knowledge or consent of the owner of the vehicle, the owner may have a defense to forfeiture. If a vehicle is subject to a security interest, such as a lien in favor of a bank or finance company, the lienholder will often make a claim for the vehicle, and a forfeiture may be subject to the security interest. Forfeited vehicles are often sold at auctions and the money is collected by the government. For more information, contact an attorney or law enforcement agency.

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