[Adopted 10-26-1998 by Ord. No. 251]
The judgment of sentence for conviction for
a violation of operating a motor vehicle with an unlawful blood alcohol
content or operating a motor vehicle while visibly impaired may require
one of the following with regard to the vehicle used in the offense
if the defendant owns the vehicle in whole or in part or leases the
vehicle:
The vehicle may be seized pursuant to an order
of seizure issued by the District Court having jurisdiction upon a
showing of probable cause if the vehicle is subject to forfeiture
or return to the lessor.
The forfeiture of a vehicle is subject to the
interest of the holder of a security interest who did not have prior
knowledge of or consent to the violation.
Within three days after the defendant's conviction for a violation described in § 161-9, the court shall notify the defendant, his or her attorney, and the prosecuting attorney if the court intends to consider imposing a sanction under this section. Within three days after this notice, the prosecuting attorney shall give notice to all owners of the vehicle and any person holding a security interest in the vehicle that the court may require forfeiture or return of the vehicle.
If a vehicle is seized before disposition of
the criminal proceedings, a defendant who is an owner or lessee of
the vehicle may move the court having jurisdiction over the proceedings
to require the Township to file a lien against the vehicle and to
return the vehicle to the owner or lessee pending disposition of the
criminal proceedings. The court shall hear the motion within seven
days after the motion is filed. If the defendant establishes at the
hearing that he or she holds the legal title of the vehicle or that
he or she has a leasehold interest and that it is necessary for him
or her or a member of his or her family to use the vehicle pending
the outcome of the forfeiture action, the court may order the seizing
agency to return the vehicle to the owner or lessee. If the court
orders the return of the vehicle to the owner or lessee, the court
shall order the seizing agency to file a lien against the vehicle.
Within 14 days after notice by the prosecuting attorney is given under § 161-12, an owner, lessee, or holder of a security interest may file a claim of interest in the vehicle. Within 21 days after the expiration of the period for filing claims, but before sentencing, the court shall hold a hearing to determine the legitimacy of any claim, the extent of any co-owner's equity interest, and the liability of the defendant to any co-lessee.
If a vehicle is forfeited under this article,
the Township shall sell the vehicle and dispose of the proceeds in
the following order of priority:
A.
Pay any outstanding security interest of a secured
party who did not have prior knowledge of or consent to the commission
of the violation.
B.
Pay the equity interest of a co-owner who did not
have prior knowledge of or consent to the commission of the violation.
C.
Satisfy any order of restitution entered in the prosecution
for the violation.
D.
Pay the claim of each person who shows that he or
she is a victim of the violation to the extent that the claim is not
covered by an order of restitution.
E.
Pay any outstanding lien against the property that
has been imposed by the Township.
F.
Pay the proper expenses of the proceedings for forfeiture
and sale, including, but not limited to, expenses incurred during
the seizure process and expenses for maintaining custody of the property,
advertising, and court costs. If there are not sufficient funds available
to reimburse the Township for the expenses incurred, the court shall
order the defendant to reimburse the Township.
G.
The balance remaining after the payment of Subsections A through F shall be distributed by the court having jurisdiction over the forfeiture proceedings to the Township. Seventy-five percent of the money received by the Township under this subdivision shall be used to enhance enforcement of the criminal laws and 25% of the money shall be used to implement the Crime Victim's Rights Act, Act No. 87 of the Public Acts of 1985, being §§ 780.75 1 to 780.834 of the Michigan Compiled Laws. The Township receiving money under this subdivision shall report annually to the Department of Management and Budget the amount of money received under this subdivision that was used to enhance enforcement of the criminal laws and the amount that was used to implement the Crime Victim's Rights Act.
The court may order the defendant to pay to a co-lessee any liability determined under § 161-14. The order may be enforced in the same manner as a civil judgment.
The return of a vehicle to the lessor under
this article does not affect or impair the lessor's rights or the
defendant's obligations under the lease.
A person who knowingly conceals, sells, gives
away, or otherwise transfers or disposes of a vehicle with the intent
to avoid forfeiture or return of the vehicle to the lessor under this
section is guilty of a misdemeanor punishable for not more than 90
days or a fine of not more than $500, or both.
