Vehice Seizure in Tennessee
Seizure of a Vehicle
Many Tennesseans each year are subjected to the misfortune of having their vehicles seized by law enforcement, usually in connection with a DUI or drug-related offense. In addition to the two aforementioned offenses, the Tennessee Code designates a number of other offenses which can authorize law enforcement to seize someone's car including transportation of contraband, driving on a revoked license, arson, etc. Although the Tennessee Code states that vehicle seizure is remedial (concerned with behavior-correction) rather than punitive, seizure of a vehicle certainly feels like a punishment for defendants whose cars are taken away and sold to someone else.
What Can I Do?
In order for the state to legally seize someone's vehicle, they have to follow proper procedure to ensure that the defendant's property is not taken from them without due process of law. What this basically means is that the defendant is entitled to notice that the vehicle is being taken and a hearing at which they can contest the seizure. This hearing is extremely important and can be waived by a defendant if he or she does not take the appropriate steps at the appropriate time to demand the hearing. Thus, defendants in this situation would be wise to contact an experienced criminal defense attorney who is familiar with the seizure process and can ensure that the defendant's rights are protected every step of the way. Consulting an attorney will also prove extremely useful should the defendant emerge from the seizure hearing unsuccessful, as defendants are also entitled to have their property returned if they are found not guilty of the underlying offense for which the vehicle was seized.
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