Decided by a judge following a serious offense, the confiscation of a vehicle is also added to other penalties. We explain to you.
This Friday, theAGRASC (agency for the management and recovery of seized and confiscated assets) is organizing a large auction of goods resulting from seizures, following serious offenses and criminal cases. Among them, about fifteen luxury vehicles, including an Audi RS 6, a Lamborghini Aventador or an Audi SQ7. But what is a confiscation? In which case is it decided? Are there any remedies? We will explain everything to you.
First of all, you should know that the confiscation is a sanction pronounced by a judge, following a serious infringement. It is then an additional penalty, which is therefore added to other penalties, such as a fine, withdrawal of a point or driving license, or even total cancellation. This only concerns whether the convicted person owns the offending vehicle. If this is not the case, and if the offense was made with a loaned or rented vehicle, then this penalty cannot be pronounced. Contrary to what one might think, there are many cases where confiscation is incurred, as detailed by Road Safety.
- Driving the vehicle without having obtained the license corresponding to its category
- Lack of insurance
- Driving the vehicle despite the notification of a decision of administrative or judicial suspension, detention, cancellation or prohibition to obtain the issuance of the driving license
- Driving under the influence of alcohol verified by an approved device or a blood test
- Driving while intoxicated
- Driving under the influence of narcotics confirmed by a saliva test or by medical, clinical and biological examinations
- Refusal to submit to blood alcohol tests or drug tests
- Recidivism of driving under the influence of alcohol or drugs
- Repeat refusal to submit to blood alcohol tests or drug tests
- Repeat driving with your vehicle not equipped with an alcohol ignition interlock device (EAD) despite the judge’s ban
- Excessive speed (equal to or greater than 50km / h of the maximum authorized speed)
- Possession, transport and use of device intended to detect or interfere with controls (radar detector)
- Manslaughter
- Unintentional injuries to a person resulting in a work stoppage of more than 3 months
- Leak after causing an accident
Confiscation of a vehicle: what happens next?
Optional in the case of a additional penalty to a main sentence, it may nevertheless be compulsory in certain cases. It must then be pronounced by a magistrate during a criminal hearing, resulting in the final withdrawal of the vehicle from its owner. Following the trial, and if the motorist is convicted, the car will then be destroyed or returned for the benefit of the State, as is the case at the auction organized today.
Confiscation of a vehicle: what are the remedies?
In the event of confiscation, you have 10 days from the deliberation to appeal the court decision. The request must then be made after district Attorney or the prefect, who will then have five days to rule. If the judgment is ultimately favorable to you, you can then recover your vehicle.
Also read on Auto-Moto.com:
Seized cars: the ten craziest for auction
Find out why this BMW M3 Touring was destroyed by the police
Why did Philippine customs destroy these luxury cars?
Decided by a judge following a serious offense, the confiscation of a vehicle is also added to other penalties. We explain to you.
This Friday, theAGRASC (agency for the management and recovery of seized and confiscated assets) is organizing a large auction of goods resulting from seizures, following serious offenses and criminal cases. Among them, about fifteen luxury vehicles, including an Audi RS 6, a Lamborghini Aventador or an Audi SQ7. But what is a confiscation? In which case is it decided? Are there any remedies? We will explain everything to you.
First of all, you should know that the confiscation is a sanction pronounced by a judge, following a serious infringement. It is then an additional penalty, which is therefore added to other penalties, such as a fine, withdrawal of a point or driving license, or even total cancellation. This only concerns whether the convicted person owns the offending vehicle. If this is not the case, and if the offense was made with a loaned or rented vehicle, then this penalty cannot be pronounced. Contrary to what one might think, there are many cases where confiscation is incurred, as detailed by Road Safety.
- Driving the vehicle without having obtained the license corresponding to its category
- Lack of insurance
- Driving the vehicle despite the notification of a decision of administrative or judicial suspension, detention, cancellation or prohibition to obtain the issuance of the driving license
- Driving under the influence of alcohol verified by an approved device or a blood test
- Driving while intoxicated
- Driving under the influence of narcotics confirmed by a saliva test or by medical, clinical and biological examinations
- Refusal to submit to blood alcohol tests or drug tests
- Recidivism of driving under the influence of alcohol or drugs
- Repeat refusal to submit to blood alcohol tests or drug tests
- Repeat driving with your vehicle not equipped with an alcohol ignition interlock device (EAD) despite the judge’s ban
- Excessive speed (equal to or greater than 50km / h of the maximum authorized speed)
- Possession, transport and use of device intended to detect or interfere with controls (radar detector)
- Manslaughter
- Unintentional injuries to a person resulting in a work stoppage of more than 3 months
- Leak after causing an accident
Confiscation of a vehicle: what happens next?
Optional in the case of a additional penalty to a main sentence, it may nevertheless be compulsory in certain cases. It must then be pronounced by a magistrate during a criminal hearing, resulting in the final withdrawal of the vehicle from its owner. Following the trial, and if the motorist is convicted, the car will then be destroyed or returned for the benefit of the State, as is the case at the auction organized today.
Confiscation of a vehicle: what are the remedies?
In the event of confiscation, you have 10 days from the deliberation to appeal the court decision. The request must then be made after district Attorney or the prefect, who will then have five days to rule. If the judgment is ultimately favorable to you, you can then recover your vehicle.
Also read on Auto-Moto.com:
Seized cars: the ten craziest for auction
Find out why this BMW M3 Touring was destroyed by the police
Why did Philippine customs destroy these luxury cars?
