Evidence You Should Gather and Present
A basic part of your evidence will be your own explanation of events. Your spoken statement is called your testimony. You should also bring your driver's license, the car's title proving who owns the car, the car's registration with the owner's name on it, and any papers relating to the criminal case that you believe will be helpful to you.
Evidence can be what people say, and it can be what is written on papers. It can also be pictures or charts. Anyone you bring with you to the formal hearing can testify. You can ask that person questions. The police and the OATH judge may also ask that person questions.
In general, your papers may
- Show, if you believe this is true, that the police department did not give the required notices of the right to a hearing
- Challenge the police statement that they had a good reason to stop the car and a good reason to arrest the driver
- Challenge the correctness of the criminal charge against the driver
- Challenge the statement that the car was used in a crime
- Challenge any evidence from the police suggesting that the driver will commit a similar crime again
- Show, if you believe this is true, that the crime does not involve public safety
- Show, if you believe this is true, that you were not in the car when the police seized it or were not involved in the criminal activity and that you had no reason to know your car would be used as part of a crime ("innocent owner")
- If the arrest was for DWI (drunk driving), show that you are now in a proper program for treatment of alcohol abuse
Note: The fact that you will face hardships without the car does not mean you will get your car back. However, evidence of hardship may be considered, especially if you were not in the car when the policed seized it. You should also explain at the settlement conference any hardships or difficulties you face due to not having your car.