(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that:
(1) the motor vehicle falls within the purview of § 12-205 of this subtitle; or
(2) the standards listed under § 12-204(b) of this subtitle were not met.
(b) In a proceeding under this title, the court may determine, based on the standards listed in § 12-204(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:
(1) in recommending the forfeiture of a motor vehicle; or
(2) in not surrendering on request a motor vehicle to an owner.
Structure Maryland Statutes
Title 12 - Forfeiture -- Controlled Dangerous Substances Violations
Section 12-201 - Seizure and Summary Forfeiture of Contraband
Section 12-202 - Seizure of Property Subject to Forfeiture
Section 12-204 - Seizure of Motor Vehicles -- in General
Section 12-205 - Seizure of Motor Vehicles -- Exceptions
Section 12-206 - Recommendation of Forfeiture by Seizing Authority
Section 12-207 - Return of Vehicle to Owner After Seizure
Section 12-208 - Owner Obtaining Possession of Seized Property
Section 12-209 - Seizure of Real Property
Section 12-210 - Possession of Seized Real Property by Owners or Tenants
Section 12-211 - Prohibited Acts
Section 12-212 - Transfer to Federal Authority Prohibited; Exceptions