We have all heard of those who take the police on high speed chases, and then somehow ending up eluding arrest by eventually fleeing on foot.
Yet the real question is, what happens to the defendant’s car, yet alone the defendant, in a situation such as the aforementioned?
So for example, if the defendant was not only eluding arrest by speeding his vehicle through twists and turns on a dangerous chase, but he then stoped his car at some point, and proceeded to flee from the vehicle via foot after the car chase, he would be the prime target for the new “Run and You’re Done Law” admitted in 2011.
In the beginning of December of 2011, Governor Bev Perdue signed a bill into law that states NC police officer is permitted to seize the vehicle of anyone who is convicted ultimately convicted of “felony speeding to elude arrest.” The law went into effect on June 23rd of 2011, and continues to be the law today.
The bill further stated that once the vehicle is seized by the police, and inventory search would take place, and then the car would be subsequently auctioned off to the highest bidder.
The revenue from the sale would firstly take care of the costs associated with the seizure, such as fees, wages for the inventory search, and all other sales fees. The remainder of the proceeds would be distributed out across the county’s governmental entities.
Apparently, under the new law, the vehicle could be sold, even if the actual owner, who was arrested, was unaware that the main reason for speeding. However, the police are required to give the actual owner “notice,” no matter how short it may be. The notice requirement is that the police will first place an advertisement of legal significance in the local newspaper on two separate occasions; whether consecutive or not. Secondly, the department must then put up three “handbills” or notices/signs, near the place the vehicle was seized at.
Theoretically, this process could be done in 24 hours if the department was to place the ad in the newspaper in two consecutive days, and on one of those days, go and paste signs near where the car was seized. There is an additional provision that state that ” highly modified performance vehicles,” are forbidden from auction, ( such as custom restoration of a 1964 Mustang), and those vehicles would be turned over to the proper authority in the geographical and territorial location.
If you find yourself the defendant in a situation such as the one listed above, contact the criminal defense attorneys at Robert J. Reeves, P.C. toll-free at 877-374-5999 for a free consultation.