COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NORTH CAROLINA : County CalendarThe General Court Of Justice In No. District : Plaintiff(s) Name Of Defendant -against- File No. Index No. Superior Court Division JUDICIAL SUBPOENA State : NON-DEFENDANT OWNER'S State Defendant's Drivers License No. PETITION/APPLICATION FOR RELEASE : OF SEIZED MOTOR VEHICLE ACKNOWLEDGMENT : Vehicle Identification No. Vehicle License No. G.S. 20-28.2(e), 20-28.3(e), 20-28.3(e1) Defendant(s) Seizure : Date Of ...................................................... Vehicle Type Make Year Date Of Offense The motor vehicle described above was seized on the date shown above while being driven by the defendant named above. The defendant was charged with committing an impaired driving offense and it is alleged that at the time of the violation (1) the defendant's drivers license was revoked pursuant to an impaired drivers license revocation or (2) the defendant was driving without a valid drivers THE PEOPLE OF THE STATE OF NEW YORK license and was not covered by an automobile liability insurance policy. The petitioner named on the reverse side applies for the release of that motor vehicle and any funds paid into this Court as a result of any damage to or sale of the vehicle incident to its seizure. Release TO is requested: (check all that apply) Temporarily pending a proceeding before the Clerk on this Petition or pending a hearing on the forfeiture of the vehicle. NOTE: Check this option if you want immediate temporary release of your vehicle. You must execute and file a bond. Use "Bond To Secure Return GREETINGS: Of Motor Vehicle For Proceeding Or Hearing On Petition For Release," AOC-CR-331. Permanently after a proceeding before the Clerk on this Petition to be held as soon as may be feasible after the filing of this Petition. WE hearing conducted by the all business and excuses being laid Permanently after aCOMMAND YOU, thatcourt on the forfeiture of the vehicle. aside, you and each of you attend before , the Honorable at the Court I state: located at County of 1. The petitioner is: in room , on the day of , 20 , at o'clock in the noon, and at any recessed a. an individual. or adjourned date, toor corporationgive evidence thea witness in agent. testify and acting through as undersigned this action on the part of the b. a business firm 2. I am a person in whose name a registration card or certificate of title for the motor vehicle was issued at the time the vehicle was seized. 3. I was not the driver at the time of the underlying offense resulting in the seizure. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was temporary release petitions.) penalty of $50 and all damages sustained as a issued for a maximum (check all that apply) (NOTE: This item does not apply to result Iof your know and had no reason to know that failure to comply. a. did not the defendant's drivers license was revoked. the defendant did 4. I am an innocent owner because: not have a valid drivers license and that the defendant had no liability insurance. b. I knew that the defendant's drivers license was revoked, the defendantone not the Justices drivers license and Witness, Honorable , did of have a valid of the that the defendant had no liability insurance, but the defendant drove the motor vehicle without my expressed or implied Court permission, and I filed a police report for unauthorized use of the motor vehicle and have agreed to prosecute the in County, day of , 20 unauthorized operator of the motor vehicle. c. The motor vehicle was reported stolen. d. I am in the business of renting vehicles, and the defendant is not listed as an authorized driver on the rental contract. (Attorney vehicle as lessor at the time the vehicle was e. I am in the business of leasing motor vehicles, held legal title to the motor must sign above and type name below) seized, and had no actual knowledge of the revocation of the defendant's drivers license at the time the lease was entered. 5. I acknowledge that: Attorney(s) for a. The motor vehicle described above was operated by the defendant named above who was charged with an offense involving impaired driving and it is alleged that at the time of the violation the defendant's license was revoked as a result of a prior impaired drivers license revocation. the defendant did not have a valid drivers license and did not have liability insurance. b. If the vehicle is again operated by the defendant and the defendant is charged with an offense involving impaired driving, then the vehicle is subject to impoundment and forfeiture if at theOffice and violation (i) the defendant's drivers license is time of the P.O. Address revoked as a result of a prior impaired driving license revocation or (ii) the defendant does not have a valid drivers license and does not have liability insurance. c. A lack of knowledge or consent to the operation will not be a defense in the future, unless I have taken all reasonable Telephone No.: precautions to prevent the use of the vehicle by the defendant and immediately report, upon discovery, any unauthorized use to the appropriate law enforcement agency. Facsimile No.: AOC-CR-330, Rev. 12/06 © 2006 Administrative Office of the Courts (Over) E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 6. (check applicable box) Index No. a. I have not previously executed an acknowledgment naming the defendant named on the reverse side as operator of the : vehicle described on the reverse side. Calendar No. b. I have previously executed an acknowledgment naming the defendant named on the reverse side as operator of the vehicle described on the reverse side and have taken all reasonable precautions to prevent the use of the vehicle by the : JUDICIAL SUBPOENA Plaintiff(s) defendant named on the reverse side and immediately reported, upon discovery, any unauthorized use to the appropriate law enforcement agency. -against- : 7. (check if you are a lessor) I agree not to sell, give, or otherwise transfer possession of the motor vehicle to the defendant or to any person acting on the defendant's behalf. NOTE: "A lessor who refuses to sell, give, or otherwise transfer possession of a seized : motor vehicle to the defendant or any person acting on the behalf of the defendant shall not be liable for damages arising out of the refusal." G.S. 20-28.2(e). : 8. (check if applying for temporary release) The motor vehicle has been seized for at least 24 hours. Defendant(s) 9. (check if applying for temporary release) No bond posted by me to secure the:release of the motor vehicle has previously been .ordered .forfeited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... ...... NOTE: In order to obtain permanent release of your vehicle, you must furnish to the Clerk or the Court satisfactory proof of financial responsibility. (Form FS-1, which can be obtained from your insurance company, will provide proof of financial responsibility.) Name, Address And PEOPLE OF Petitioner/Applicant (Type NEW YORK THE Telephone No. Of THE STATE OF Or Print) TO Date Signature Of Petitioner/Applicant Drivers License No. (Individual Petitioner Only) State GREETINGS: NOTE TO CLERK: Immediately upon the filing of this form, report the owner's acknowledgment to DMV using STARS. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address AOC-CR-330, Side Two, Rev. 12/06 © 2006 Administrative Office of the Courts Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com