A motor vehicle is subject to seizure and forfeiture if the driver of the vehicle is arrested while driving under the influence of intoxicating liquor of drugs (DWI), or arrested while their driver’s license is suspended or revoked as a result of a DWI or hand gun charge.
APD will seize the vehicle and remove it to an official location within the jurisdiction of the District Court pending disposition of the matter.
Request for Hearing
The registered owner of the vehicle or the owner’s Power of Attorney may request an administrative hearing within 10 days of the arrest by filing an request for hearing form with the Office of Administrative Hearings.
The application must be accompanied by a $50.00 money order, cashier check or attorneys check for each request for hearing with the City. Upon completion of the application the owner will be given a hearing date. The registered owner or the owner’s legal representative should be prepared to present their case at the time.
At the time of the hearing the owner may be given the opportunity to first meet with th Assistant City Attorney representing APD. It will be determined at that time if an alternative resolution to the matter can be reached. If an alternative resolution cannot be reached the matter will proceed to hearing before an Administrative Hearing Officer.
The Hearing Officer shall only determine whether the law enforcement officer had probable cause to seize the vehicle. The Hearing Officer shall mail written notice of the decision to the owner within two working days of the hearing. If the Hearing Officer finds that the law enforcement officer did not have probable cause to seize the vehicle and Order for Release will be provided.