I got charged with 2nd degree test refusal and 3rd degree DUI the other day and they seized my car with the intent to forfeit it. How do I get it back??? It's really only my 2nd DUI, I got my first one in 2005 when I just turned 21. But they are acting like it's my 3rd because I didn't take the test. And I didn't take the test because I was scared to get a 2nd DUI. They told me it was a crime to not take the test, but didn't bother to tell me that it's a BIGGER crime then the DUI itself, and would actually end up being charged with 2 things!!!
I have a public defender, but he can't do the civil part of the case ( the car). If I hire a private attorney, they can, but I'm a new mom and don't have the money. There's also a loan out on the car, so they wouldn't make much money.
2007-12-06 17:23:00 · 5 answers · asked by teenabeena 3 in Politics & Government ➔ Law & Ethics
To everyone who has commented : I feel horrible about what I did! I definatly should not have been driving! I know that, and wish I could take it back, but I can't now, so I'm just trying to deal with the consequences. And my baby was at home safe with his daddy... I'm not a bad person, I just made a stupid mistake...
2007-12-06 17:41:56 · update #1
I'm sure your state has an appeals process. Call the division of state or city government that deals with those things and ask them what you need to do. I'm sure you can do most everything yourself. But an attorney always greatly increases those odds.
BTW...If you've had 2 DWIs in 2 years, that probably means you have driven drunk a few dozen times. You're a mommy now, cut the bull and stay out of trouble.
2007-12-06 17:41:51 · answer #1 · answered by Kenneth C 6 · 1⤊ 0⤋
If it makes you feel any better, you never owned the car.
You need to have the "MSO" from the manufacturer. WHen you have the MSO, you dont need 1) a liscence, 2) Tags, 3) Plates...
However, in most states the MSO is sent to state government who copies, then destroys the original MSO. They are then co owners, and because of that charge you fees in plates, liscense, and tags to co operate that property.
No Joke.
2007-12-06 17:28:47 · answer #2 · answered by vote_usa_first 7 · 0⤊ 0⤋
WAKE UP AND SMELL THE COFFEE! Getting your car back is the least of your problems You're probably not going to be able to drive any time soon..
It's not the job of the police to inform you of the law. You're responsible for knowing it if you drive.
You're a new mom? Start thinking about your child and getting into rehab. Keep it up and you'll be losing your child soon.
REALITY CHECK!
2007-12-06 17:33:14 · answer #3 · answered by Jeff F 3 · 0⤊ 0⤋
I'm sorry, not the answer you will want to hear. Your a new Mom! What the heck where you doing drinking and driving. Looks like you might learn that lesson the hard way.
2007-12-06 17:35:35 · answer #4 · answered by sabina-2004@sbcglobal.net 4 · 0⤊ 0⤋
I feel bad for you, but I feel better for the whole population( and your child), that you might not be driving for a while.
2007-12-06 17:32:16 · answer #5 · answered by jon_mac_usa_007 7 · 0⤊ 0⤋