§ 20-28.4. Release of impounded motor vehicles by judge.
§ 20‑28.4. Release ofimpounded motor vehicles by judge.
(a) Release UponConclusion of Trial. If the driver of a motor vehicle seized pursuant to G.S.20‑28.3:
(1) Is subsequently notconvicted of an offense involving impaired driving due to dismissal or afinding of not guilty; or
(2) The judge at aforfeiture hearing conducted pursuant to G.S. 20‑28.2(d) fails to findthat the drivers license was revoked as a result of a prior impaired drivinglicense revocation as defined in G.S. 20‑28.2; and
(3) The vehicle has notpreviously been released to a lienholder pursuant to G.S. 20‑28.3(e3),
the seized motor vehicle orinsurance proceeds held by the clerk of court pursuant to G.S. 20‑28.2(c1)or G.S. 20‑28.3(h) shall be released to the motor vehicle owner conditionedupon payment of towing and storage costs. The court shall not waive the paymentof towing and storage costs. The court shall include in its order notice to theowner of the seized motor vehicle still being held, that within 30 days of thedate of the court's order, the owner must make payment of the outstandingtowing and storage costs for the motor vehicle and retrieve the motor vehicle,or give notice to Division of Motor Vehicles requesting a judicial hearing onthe validity of any mechanics' lien on the motor vehicle for towing and storagecosts.
(b) NotwithstandingG.S. 44A‑2(d), if the owner of the seized motor vehicle does not obtainrelease of the vehicle within 30 days from the date of the court's order, thepossessor of the seized motor vehicle has a mechanics' lien on the seized motorvehicle for the full amount of the towing and storage charges incurred sincethe motor vehicle was seized and may dispose of the seized motor vehiclepursuant to Article 1 of Chapter 44A of the General Statutes. Notice of theright to a judicial hearing on the validity of the mechanics' lien given to theowner of the motor vehicle in open court in accordance with subsection (a) ofthis section or delivery to the owner of the vehicle of a copy of the court's orderentered in accordance with subsection (a) of this section shall satisfy thenotice requirement of G.S. 44A‑4(b). (1997‑379, s. 1.3; 1998‑182, s. 4; 2001‑362,s. 8; 2004‑128, s. 4.)