Office of Administrative Trials and Hearings

INFORMATION FOR DRIVERS AND OWNERS OF CARS TAKEN BY THE NEW YORK POLICE DEPARTMENT AFTER AN ARREST

1. If Your Car Is "Seized" Or Taken

The Police Department has the authority to take or "seize" your car if it has been used in connection with a crime. The Police Department may take the car when the driver is arrested for crimes including drunk driving or when drugs or guns are found in the car.

2. Your Right To A Hearing

As the driver or owner of a car taken by the Police Department you have a right to request a hearing by an Administrative Law Judge who will decide if you can get your car back before a forfeiture lawsuit is decided.

The Police Department must give the driver a hearing request form at the time of arrest. The form is called "Notice of Right to a Retention Hearing." The Police Department must also mail a copy of the form to the car's owner.

To request a hearing, the owner or driver must mail the hearing request form, or deliver it between 8:30 a.m. to 3:30 p.m., to the Police Department at the address listed on the form. The form cannot be faxed.

Both the driver and the owner of the car have a right to request a hearing, but only one hearing will be conducted.

3. If You Request a Hearing

The Police Department will notify you of the time and date of the hearing by mail within 2 business days from the date your request was received. The hearing must be scheduled within 10 business days from the date your request was received.

The hearing at OATH is similar to a court trial. You can have a lawyer or non-lawyer representative. Both sides can make opening statements, present evidence, call witnesses to testify, and make closing statements.

You are encouraged to use a lawyer or other representative to assist you at the hearing.

The hearing will be held at the Office of Administrative Trials and Hearings, 40 Rector Street - 6th Floor, New York, New York 10006. The Office is known by its acronym, OATH. OATH can be contacted by telephone at (212) 442-4900, by fax at (212) 442-8910, and by TDD at (212) 442-4939.

Before the hearing begins, an OATH law clerk will meet with both sides to see if the case can be settled. The case is not settled unless both sides agree.

4. What Happens At The Hearing

At the hearing, the Police Department must prove three points in order to keep the car. The Police Department must show that each point is "more likely than not."

The first point is that there was "probable cause" for the arrest. This means that the police had a legal basis for the arrest. If not, the car will be returned to the owner.

The second point is that the Police Department is likely to win the upcoming civil forfeiture lawsuit. If the Department cannot show this, the car will be returned to the owner.

The third point is whether it is necessary that the Department keep the car. The police can keep the car if releasing it would create a threat to public safety or to make sure the car is available for forfeiture.

If the owner of the car appears at the hearing, the Police Department must also prove that the owner either knew or should have known that the car would be used in a crime or that the car is owned for the benefit of another person.

5. What Happens After The Hearing

After the hearing ends, the OATH judge will issue a decision within three business days.

If the judge decides to release the car, the owner must arrange with the Police Department's Property Clerk to get the car from the pound.

The losing party may appeal the OATH judge's decision to the State Supreme Court. Get directions to OATH.