COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : STATE OF NORTH CAROLINA : County : Plaintiff(s) -against- Superior Court Division JUDICIAL SUBPOENA : State ORDER ON NON-DEFENDANT OWNER'S : PETITION/APPLICATION FOR RELEASE OF SEIZED MOTOR VEHICLE Name Of Petitioner (Vehicle Owner) : State Petitioner's Drivers License No. In No. CalendarThe General Court Of Justice District Name Of Defendant Defendant's Drivers License No. File No. Index No. G.S. 20-28.2(e), 20-28.3(e), 20-28.3(e1) Defendant(s) Type : Vehicle ...................................................... Vehicle Identification No. Vehicle License No. State Make Date Of Seizure Year Date Of Offense I. CLERK'S ORDER ON PETITION FOR TEMPORARY RELEASE THE PEOPLE OF THE STATE OF NEW YORK On the application of the person named above for the temporary release of the motor vehicle described above pending a proceeding before the Clerk on permanent release or pending a hearing on the forfeiture of the vehicle, the undersigned finds as follows: TO 1. The applicant 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. 2. The motor vehicle was seized and impounded pursuant to G.S. 20-28.3. 3. GREETINGS: has been seized for at least 24 hours. The motor vehicle 4. The applicant was not the driver at the time of the underlying offense resulting in the seizure. WE COMMAND YOU, that all business To excuses being laid aside, you and each of you attend On 5. The applicant has properly executed an adequate "BondandSecure Return Of Motor Vehicle For Proceeding Or Hearingbefore Petition For Release," AOC-CR-331. the Honorable at the Court 6. County of The applicant has executed and filed located at an acknowledgment as defined in G.S. 20-28.2(a1), and a check of the records of the Division that the in room of Motor Vehicles indicatesday of applicant has20 previously executed an acknowledgment namingat any recessed , on the , not , at o'clock in the noon, and the defendant named above. or adjourned date, to testify and give evidence as a witness in this action on the part of the 7. A check of the appropriate records of the Court or the Division of Motor Vehicles indicates that a bond posted to secure the release of the motor vehicle described above has not previously been ordered forfeited. It is ORDERED that: (NOTE: If all findings above are checked, check Order No. 1 below. If any finding is not checked, check Order No. 2 below.) Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 1. The motor vehicle described above be released to the applicant upon payment of all towing and storage charges incurred as a the partythe seizure and impoundment of the was issued for a maximum penaltyreturn theand all damages sustained as a result of on whose behalf this subpoena vehicle, on condition that the applicant of $50 vehicle, in substantially the same result of your was at the comply. condition as it failure to time of seizure and without any new or additional liens or encumbrances, on the day of any hearing scheduled and noticed by the District Attorney under G.S. 20-28.2(c), unless the motor vehicle has been permanently released. NOTE: Failure to return the vehicle will result in forfeiture of the applicant's bond and may result in the issuance of an order to show cause Witness, Honorable Court in County, , one of the Justices of the why the applicant should not be held in contempt. day of , 20 2. The application is denied and the motor vehicle shall remain impounded pending further orders of the Court. NOTE TO CLERK: Do not report the entry of this Order to DMV. Date Signature Assistant CSC (Attorney must sign above and type name below) Clerk Of Superior Court II. ORDER ON PETITION NOTE: Use Section II to enter an order either after a proceeding before the Clerk on a non-defendant motor vehicle owner's petition for permanent Attorney(s) for pretrial release of a seized motor vehicle, or after a forfeiture hearing at which a non-defendant motor vehicle owner's petition for release of a seized vehicle is heard. FINDINGS OF FACT This matter is before the Clerk or the Court on petition of the vehicle owner named above for release of the motor vehicle described above. A proceeding was held before the Clerk or 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 Clerk or the Court finds by the greater weight of the evidence that: Office and P.O. Address 1. The motor vehicle was seized on the date shown above while being driven by the defendant named above. The defendant was charged with an offense involving impaired driving and it is alleged that at the time of the violation the defendant's drivers license was revoked as a result of a prior impaired driving license revocation. the defendant did not have a valid drivers license and did not have liability insurance. AOC-CR-332, Rev. 12/06 © 2006 Administrative Office of the Courts (Over) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. 2. The petitioner is a person in whose name a registration card or certificate of title for the motor vehicle described on the reverse side was issued at the time the vehicle was seized. : Calendar No. 3. The petitioner was not the driver at the time of the underlying offense resulting in the seizure. 4. The petitioner is an innocent owner in that: : JUDICIAL SUBPOENA Plaintiff(s) a. The petitioner did not know and had no reason to know that the defendant's drivers license was revoked. the defendant did not have-againsta valid drivers license and did not have liability insurance. : b. The petitioner knew that the defendant's drivers license was revoked, the defendant did not have a valid drivers license and that the defendant had no liability insurance, but the defendant drove the motor vehicle without the : petitioner's expressed or implied permission, and the petitioner filed a police report for unauthorized use of the motor vehicle and has agreed to prosecute the unauthorized operator of the motor vehicle. c. The motor vehicle was reported stolen. : d. The petitioner is in the business of renting vehicles, and the defendant is not listed as an authorized driver on the rental contract. Defendant(s) : . . . .e. . The petitioner . . in.the .business of. leasing .motor vehicles,. held .legal title to the motor vehicle as lessor at the time the . . . . . . . . . . . is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vehicle was seized, and had no actual knowledge of the revocation of the defendant's drivers license at the time the lease was entered. 5. The Clerk or the Court has been furnished a properly executed form FS-1, and is satisfied that the petitioner is financially responsible. THE PEOPLE OF THE STATE OF NEW YORK 6. The petitioner has executed and filed an acknowledgment as defined in G.S. 20-28.2(a1). 7. TOcheck of the records of the Division of Motor Vehicles indicates that the petitioner: A a. has not previously executed an acknowledgment naming the defendant as the operator of the vehicle described on the reverse side. b. has previously executed an acknowledgment naming the defendant as the operator of the vehicle described on the reverse side, but has taken all reasonable precautions to prevent the use of the vehicle by the defendant and GREETINGS: immediately reported, upon discovery, any unauthorized use of the vehicle to the appropriate law enforcement agency. 8. If the petitioner is a vehicle lessor, the petitioner has agreed not to sell, give, or otherwise transfer possession of the motor vehicle toWE defendant or to any person acting on the defendant's behalf. laid aside, you and each of you attend before the COMMAND YOU, that all business and excuses being theall numbered findings above are checked, and either Finding 4.a, 4.b, 4.c, 4.d, or 4.e is checked, the petitioner is an innocent owner entitled to , Honorable at the Court NOTE: If the release of theof located at County motor vehicle. If any numbered finding is not checked, the petitioner is not an innocent owner and is not entitled to the release of the motor vehicle. in room , on the day of , 20 , at o'clock in the noon, and at any recessed CONCLUSIONS in LAW or adjourned date, to testify and give evidence as a witnessOF this action on the part of the The petitioner named on the reverse side: 1. is an innocent owner, as defined in G.S. 20-28.2(a1)(2), and is entitled to the release of the motor vehicle described on the reverse side. 2. is not an innocent owner, as defined in G.S. 20-28.2(a1)(2), and is not entitled to the release of the motor vehicle described on Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the reverse side. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a ORDER result of your failure to comply. It is ORDERED that: 1. The motor vehicle described on the reverse side be released to the petitioner named on the reverse side upon payment of all towing and storage Witness, Honorable , one Court shall disburse to the charges incurred as a result of the seizure and impoundment of that vehicle, and the Clerk of Superior of the Justices of the petitioner all funds held by the Clerk representing proceeds of insurance or proceeds of the sale of the motor vehicle. Court in County, day of , 20 2. The petition is denied. The motor vehicle shall remain impounded and the Clerk shall continue to hold all funds paid into the Clerk representing proceeds of insurance or proceeds of the sale of the motor vehicle, pending further orders of the Court. If this Order is entered after a proceeding before the Clerk 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 (Attorney must sign above and type name below) Signature Assistant CSC Clerk Of Superior Court Name (Type Or Print) District Court Judge Attorney(s) for 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 Office and P.O. Address 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 shall also Telephone No.: send a copy of the order of release or denial to the county school board attorney and the District Attorney. G.S. 20-28.3(e1). AOC-CR-332, Side Two, Rev. 12/06 © 2006 Administrative Office of the Courts Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com