Model 3 taken in Dwi case

[Thomasjohn94]

deleted

 

[Casmium]

How a new Supreme Court decision will affect DWI car seizures in New York – Law Office of Glenn Kurtzrock

 

[SigNC]

Sucky situation. Please learn from your mistake and be very thankful you and/or others were not hurt.

 

[Knightshade]

You're gonna want a lawyer. Real soon now.

DWI Civil Forfeiture | White Plains Drunk Driving Defense Lawyer

Forfeiture proceedings may be brought even in cases in which the driver leased the car.

If New York State is successful in forfeiture proceedings, not only will the defendant lose his car, but he will then still be responsible for paying off the remainder of his car lease and any accompanying charges (including legal fees incurred by the leasing company).

Also-

If the car is leased a driver facing a DWI civil forfeiture prosecution will typically face a two front war. Most car leases in New York State now contain provisions requiring a person sued for civil forfeiture to reimburse the leasing company’s legal fees for the prosecution.

 

[MJP.P3D-]

#DontDrink+Drive
#Uber

 

[Twiglett]

why would it different than any other lease in this situation?

 

[doghousePVD]

Why would Tesla even consider “working with you” since they just lost a $50,000 car? You still owe Tesla big time.

Get a lawyer and don’t trust Internet randos like me.

 

[pscarroll]

What were you taking/smoking/injecting or drinking when you got stopped?

 

[cucubits]

they won’t give it back at all

Good!

#DontDrink+Drive

 

[RSCrawford]

Being accused does not make one guilty. I have had x100 stolen from me by police than ever by a criminal. Get a lawyer. The link posted above about excessive fines seems to be worth investigation. Good luck to you.

 

[Zorak03]

In light of the Supreme Court ruling you will likely get the car back. However, it may be a long and expensive fight. I would be on the phone with local lawyers TODAY.

When I lived in Chicago the corrupt local government was well known for seizing cars for parking tickets, one of the many reasons you couldn’t pay me to move back there.

 

[TomB985]

Quite the judgmental group in here, but it’s good to see some good advice sprinkled among the condemnation.

The guy came here looking for help in a really tough situation. Self-inflicted or otherwise. I think the OP is gonna have a tough fight with his attorney to retain the car if convicted, and a Tesla lease wouldn’t be any different than a conventional one.

 

[ElectricIAC]

Hello, this is going to be probably a very hard question to answer because I’m sure it hasn’t happened to often but my question is what happens when a Tesla is taken due to a dwi, this happened in Nassau county where they have the right to keep the car until the case is over, from my understanding that since it is a lease that Tesla can demand it back, or Nassau can give it back on a bond to me, but if they think they have a strong case they won’t give it back at all and will work with Tesla. My question is if they do give it back to Tesla will Tesla then work with me to give me another car since Nassau will tell them they can’t give it back to me , will I still have to make payments or what the case is... I assume it may be different because since it’s a Tesla it’s a little different then other cars and similar to an iPhone where it’s unique to a persons account. If Tesla wanted to they probably can disable it from working and remove the key cards, also my car is completely dead and probably running of reserved power I’m sure if it comepltely dies it will hurt the battery overall I’m asking does anyone know what happens in this situation I read my lease agreement and it’s not to clear as far as what happens in this situation.

Wow.

That’s a pretty jacked up law. It’s not enough to suspend a license?

 

[Zorak03]

Quite the judgmental group in here, but it’s good to see some good advice sprinkled among the condemnation.

The guy came here looking for help in a really tough situation. Self-inflicted or otherwise. I think the OP is gonna have a tough fight with his attorney to retain the car if convicted, and a Tesla lease wouldn’t be any different than a conventional one.

Before yes, now no. Long and expensive possibly but unless NY allows $50k+ fines for DUI then they ultimately won’t be able to keep the car. This is assuming this is first offense dui and not a repeat offense which may rise to the felony level.

 

[Knightshade]

Before yes, now no. Long and expensive possibly but unless NY allows $50k+ fines for DUI then they ultimately won’t be able to keep the car. This is assuming this is first offense dui and not a repeat offense which may rise to the felony level.

AFAIK 10k is their highest fine (for stuff like 3rd offense) so he's probably getting the car back.

Though it may be a while and he'll have to keep making lease payments in the meantime (including after he gets it back and his license is suspended if convicted)

Even more fun- all DWI convictions in NY state require a mandatory ignition/BAC interlock, which should be interesting on a Tesla

 

[ElectricIAC]

Not sure that’s even possible as you can app access start it, heh.

Conviction of course is up in the air if they get themselves an attorney worth half a crap.

 

[AdamVIP]

Even if its a third offence or more NY tops out at 10k for the fine. A first time fine for regular DWI is maxed at 1k. Taking a Tesla for a regular DWI would certainly run afoul of the Supreme Court ruling referenced in that article. Assuming a 3rd time arrest and a base model Tesla you are still likely 2x the maximum fine amount.
Penalties for alcohol or drug-related violations

You are for sure going to need a lawyer. Also if you think you have a problem (which a DWI is a big sign of) you should seek treatment. For one it will help you out and for another its probably a good step to help keep you out of jail if you are found guilty.

 

[jfinephilly]

Hello, this is going to be probably a very hard question to answer because I’m sure it hasn’t happened to often but my question is what happens when a Tesla is taken due to a dwi, this happened in Nassau county where they have the right to keep the car until the case is over, from my understanding that since it is a lease that Tesla can demand it back, or Nassau can give it back on a bond to me, but if they think they have a strong case they won’t give it back at all and will work with Tesla. My question is if they do give it back to Tesla will Tesla then work with me to give me another car since Nassau will tell them they can’t give it back to me , will I still have to make payments or what the case is... I assume it may be different because since it’s a Tesla it’s a little different then other cars and similar to an iPhone where it’s unique to a persons account. If Tesla wanted to they probably can disable it from working and remove the key cards, also my car is completely dead and probably running of reserved power I’m sure if it comepltely dies it will hurt the battery overall I’m asking does anyone know what happens in this situation I read my lease agreement and it’s not to clear as far as what happens in this situation.

Get a lawyer. Asking for legal advice on a car forum is about as dumb as driving while intoxicated.

 

[timp123]

Quite the judgmental group in here, but it’s good to see some good advice sprinkled among the condemnation.

The guy came here looking for help in a really tough situation.

Exactly. Those of you who feel worthy to cast judgment, maybe reserve it for one of the 99% of drunk drivers that haven't been caught. This guy lost a $50k car, got a record ding, skyrocketing car insurance, etc. No need to kick him again.

That said, OP, I'm sorry for what you're going through and glad no one was hurt. If you don't already have a lawyer, my advice is to formulate a 2-3 paragraph email summarizing your question and send to as many local lawyers as you can. You will probably get at least a few useful responses with some options, and based on them you can then choose one to represent you through the process.

 

[jfinephilly]

Exactly. Those of you who feel worthy to cast judgment, maybe reserve it for one of the 99% of drunk drivers that haven't been caught. This guy lost a $50k car, got a record ding, skyrocketing car insurance, etc. No need to kick him again.

That said, OP, I'm sorry for what you're going through and glad no one was hurt. If you don't already have a lawyer, my advice is to formulate a 2-3 paragraph email summarizing your question and send to as many local lawyers as you can. You will probably get at least a few useful responses with some options, and based on them you can then choose one to represent you through the process.

Caught or not, the lack of judgment and indiscretion is the same. Judgment can be saved for those who self-harm not those who ignore the safety of those around them.