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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).
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.
Wow.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.
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.
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.
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.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.