File No. STATE OF NORTH CAROLINA In The General Court Of Justice Superior Court Division District County Name Of Defendant/Petitioner Defendant/Petitioner's Drivers License No. DEFENDANT OWNER'S PETITION FOR RELEASE OF SEIZED VEHICLE State (DEFENDANT HAD NO IMPAIRED DRIVING LICENSE REVOCATION) Vehicle Identification No. Vehicle License No. AND ORDER State G.S. 20-28.3(e2) Vehicle Type Make Year Date Of Seizure Date Of Offense I. PETITION The undersigned petitions for a pretrial determination that the petitioner's drivers license was not revoked pursuant to an impaired driving license revocation and for release of the petitioner's motor vehicle, and says: 1. The motor vehicle described above was seized on the date shown above pursuant to G.S. 20-28.3. I was charged with committing an impaired driving offense and it was alleged that at the time of the offense my drivers license was revoked pursuant to an impaired driving license revocation. 2. I am a person in whose name a registration card or certificate of title for the motor vehicle was issued at the time of the seizure. 3. At the time of the seizure, my drivers license was not revoked as a result of an impaired driving license revocation because: a. Any periods of revocation had expired prior to the date of the alleged offense. b. If my drivers license was revoked at the time of the alleged offense, it was not as a result of an impaired driving license revocation. c. I do not hold a North Carolina drivers license and my privilege to drive in North Carolina has not been revoked pursuant to an impaired driving license revocation. d. Other: (specify) Name And Address Of Defendant/Petitioner (Type Or Print) Telephone No. Of Defendant/Petitioner Date Signature Of Defendant/Petitioner II. STATE'S CONSENT TO RELEASE OF VEHICLE Based on available information, the district attorney has determined that the motor vehicle described above is not subject to forfeiture under G.S. 20-28.2 because the drivers license of the defendant/petitioner named above was not revoked pursuant to an impaired driving license revocation. Therefore, the State consents to the release of the motor vehicle to the defendant/petitioner. Date Signature Of Prosecutor Name Of Prosecutor (Type Or Print) III. CLERK'S ORDER RELEASING MOTOR VEHICLE TO DEFENDANT ON STATE'S CONSENT On the petition of the defendant/petitioner named above for a pretrial determination that the defendant/petitioner's drivers license was not revoked pursuant to an impaired driving license revocation and for release of the defendant/petitioner's motor vehicle, the undersigned finds: 1. The State has noted on the petition its consent to the release of the vehicle. 2. The defendant/petitioner is a person in whose name a registration card or certificate of title for the motor vehicle was issued at the time of the seizure. 3. The Clerk has been furnished a properly executed form FS-1, and is satisfied that the defendant/petitioner is financially responsible. THEREFORE, it is ordered that the motor vehicle described above be released to the petitioner named above upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle. Date Signature Assistant CSC Clerk Of Superior Court NOTICE TO PARTY OBTAINING RELEASE: "[W]ithin 30 days of the date of the court's [release] order, the owner must make payment of the outstanding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to [the] Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics' lien on the motor vehicle for towing and storage costs." G.S. 20-28.4. NOTE TO CLERK: The Clerk shall send a copy of the order of release to the county school board attorney, G.S. 20-28.3(e2), and shall report the entry of an order of release to DMV by electronic means (STARS), G.S. 20-28.8. AOC-CR-333, Rev. 3/09 © 2009 Administrative Office of the Courts (Over) American LegalNet, Inc. www.FormsWorkflow.com IV. NOTICE OF HEARING To the defendant/petitioner, to the District Attorney for the prosecutorial district that includes the county named above, and to the attorney for the board of education of the county named above: A hearing on the above petition will be held on the date and at the time and location shown below. Date Of Hearing Time Of Hearing Date Name Of Petitioner AM PM Location Of Hearing Signature Of Petitioner NOTE TO CLERK: "A defendant motor vehicle owner may file a petition with the clerk of court seeking a pretrial determination that the defendant's license was not revoked pursuant to an impaired driving license revocation as defined in G.S. 20-28.2(a). The clerk shall schedule a hearing before a judge of the division in which the underlying criminal charge is pending for a hearing to be held within 10 business days or as soon thereafter as may be feasible. Notice of the hearing shall be given to the defendant, the district attorney, and the attorney for the county board of education." If the State has consented to the release on Side One, a hearing is unnecessary. G.S. 20-28(e2). V. ORDER ON PETITION AFTER HEARING This matter is before the Court on the petition of the defendant/petitioner named on the reverse side for a pretrial determination that the defendant/petitioner's drivers license was not revoked pursuant to an impaired driving license revocation and for release of the motor vehicle described on the reverse side. A hearing was held before the Court on this date. On the basis of the evidence presented and the entire record in this action, the Court finds by the greater weight of the evidence that: 1. The motor vehicle described on the reverse side was seized on the date shown above pursuant to G.S. 20-28.3. The defendant/petitioner was charged with committing an impaired driving offense and it was alleged that at the time of the offense the defendant/petitioner's drivers license was revoked pursuant to an impaired driving license revocation. 2. The defendant/petitioner is a person in whose name a registration card or certificate of title for the motor vehicle was issued at the time of the seizure. 3. The defendant/petitioner has established that at the time of the above offense, the defendant/petitioner's drivers license was not revoked as a result of an impaired driving license revocation. 4. The Court has been furnished a properly executed form FS-1, and is satisfied that the defendant/petitioner is financially responsible. Therefore, it is ORDERED that: 1. The motor vehicle described on the reverse side be released to the defendant/petitioner named on the reverse side upon payment of all towing and storage charges incurred as a result of the seizure and impoundment of that vehicle. 2. The petition is denied because the petitioner has failed to establish the facts necessary to support one or more of the findings required for release of the vehicle. The motor vehicle shall remain impounded pending further orders of the Court. If this Order is entered after a hearing on pretrial release, it may be reconsidered by the Court as part of the forfeiture hearing conducted pursuant to G.S. 20-28.2(d). Date Name (Type Or Print) Signature District Court Judge Superior Court Judge NOTICE TO PARTY OBTAINING RELEASE: "[W]ithin 30 days of the date of the court's [release] order, the owner must make payment of the outstanding towing and storage costs for the motor vehicle and retrieve the motor vehicle, or give notice to [the] Division of Motor Vehicles requesting a judicial hearing on the validity of any mechanics' lien on the motor vehicle for towing and storage costs." G.S. 20-28.4. CERTIFICATION The foregoing is a true and correct copy of the original on file in this office. Date Signature Deputy CSC Assistant CSC Clerk Of Superior Court NOTE TO CLERK: The Clerk shall report the entry of an order of release to DMV by electronic means (STARS), G.S. 20-28.8. The Clerk may also send a copy of the order of release to the county school board attorney. AOC-CR-333, Side Two, Rev. 3/09 © 2009 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkflow.com