20-28.4. Release of impounded motor vehicles by judge.
(a) Release Upon Conclusion of Trial. - If the driver of a motor vehicle seized pursuant to G.S. 20-28.3:
(1) Is subsequently not convicted of the underlying offense resulting in seizure due to dismissal or a finding of not guilty; or
(2) The judge at a forfeiture hearing conducted pursuant to G.S. 20-28.2(d) finds that the criteria for forfeiture have not otherwise been met; and
(3) The vehicle has not previously been released to a lienholder pursuant to G.S. 20-28.3(e3),
(b) Notwithstanding G.S. 44A-2(d), if the owner of the seized motor vehicle does not obtain release of the vehicle within 30 days from the date of the court's order, the possessor of the seized motor vehicle has a mechanics' lien on the seized motor vehicle for the full amount of the towing and storage charges incurred since the motor vehicle was seized and may dispose of the seized motor vehicle pursuant to Article 1 of Chapter 44A of the General Statutes. Notice of the right to a judicial hearing on the validity of the mechanics' lien given to the owner of the motor vehicle in open court in accordance with subsection (a) of this section or delivery to the owner of the vehicle of a copy of the court's order entered in accordance with subsection (a) of this section shall satisfy the notice requirement of G.S. 44A-4(b). (1997-379, s. 1.3; 1998-182, s. 4; 2001-362, s. 8; 2004-128, s. 4; 2013-243, s. 3.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Uniform Driver's License Act.
§ 20-7 - Issuance and renewal of drivers licenses.
§ 20-7.1 - Notice of change of address or name.
§ 20-7.3 - Availability of organ, eye, and tissue donor cards at motor vehicle offices.
§ 20-7.4 - License to Give Trust Fund established.
§ 20-7.5 - License to Give Trust Fund Commission established.
§ 20-7.6 - Powers and duties of the License to Give Trust Fund Commission.
§ 20-8 - Persons exempt from license.
§ 20-9 - What persons shall not be licensed.
§ 20-9.2 - Selective service system registration requirements.
§ 20-9.3 - Notification of requirements for sex offender registration.
§ 20-10 - Age limits for drivers of public passenger-carrying vehicles.
§ 20-12.1 - Impaired supervision or instruction.
§ 20-13 - Suspension of license of provisional licensee.
§ 20-13.2 - Grounds for revoking provisional license.
§ 20-15 - Authority of Division to cancel license or endorsement.
§ 20-15.1 - Revocations when licensing privileges forfeited.
§ 20-16 - Authority of Division to suspend license.
§ 20-16.01 - Double penalties for offenses committed while operating a commercial motor vehicle.
§ 20-16.3A - Checking stations and roadblocks.
§ 20-17 - Mandatory revocation of license by Division.
§ 20-17.1A - Restoration of license for person adjudicated to be restored to competency.
§ 20-17.3 - Revocation for underage purchasers of alcohol.
§ 20-17.4 - Disqualification to drive a commercial motor vehicle.
§ 20-17.5 - Effect of disqualification.
§ 20-17.7 - Commercial motor vehicle out-of-service fines authorized.
§ 20-17.8A - Tampering with ignition interlock systems.
§ 20-18 - Conviction of offenses described in § 1 not ground for suspension or revocation.
§ 20-20.1 - Limited driving privilege for certain revocations.
§ 20-20.2 - Processing fee for limited driving privilege.
§ 20-21 - No operation under foreign license during suspension or revocation in this State.
§ 20-22 - Suspending privileges of nonresidents and reporting convictions.
§ 20-23 - Revoking resident's license upon conviction in another state.
§ 20-23.1 - Suspending or revoking operating privilege of person not holding license.
§ 20-24.2 - Court to report failure to appear or pay fine, penalty or costs.
§ 20-25 - Right of appeal to court.
§ 20-26 - Records; copies furnished; charge.
§ 20-27 - Availability of records.
§ 20-28.4 - Release of impounded motor vehicles by judge.
§ 20-28.5 - Forfeiture of impounded motor vehicle or funds.
§ 20-28.7 - Responsibility of Division of Motor Vehicles.
§ 20-28.8 - Reports to the Division.
§ 20-29 - Surrender of license.
§ 20-29.1 - Commissioner may require reexamination; issuance of limited or restricted licenses.
§ 20-31 - Making false affidavits perjury.
§ 20-32 - Unlawful to permit unlicensed minor to drive motor vehicle.
§ 20-34 - Unlawful to permit violations of this Article.
§ 20-34.1 - Violations for wrongful issuance of a drivers license or a special identification card.
§ 20-35 - Penalties for violating Article; defense to driving without a license.
§ 20-36 - Ten-year-old convictions not considered.
§ 20-37 - Limitations on issuance of licenses.