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ORDER RELEASING SEIZED MOTOR VEHICLE TO DEFEND ANT-OWNER OR NON-DEFENDANT M OTO R VEHICLE OWNER AFTER DISPOSIT ION OF CRIMINAL CH ARGES - Name Of Defendant Defendan t's Drivers License No. Vehicle Identification No. Name Of Motor Vehicle Owner (See Note) Motor Vehicle Owner's Drivers License No. State Vehicle License No. Make Vehicle Type Year Date Of Offense NOTE: [Use this form only to enter an order releasing a motor vehicle to the def endan t-owner or other motor vehicle owner (1) after the def endan t has be en fou nd not guilty of the un derlying offense involving impaired driving, or (2) after the charge has be en dismissed wit hou t leave, or (3) after the def endan t has pled to or be en convicted of a lesser offense, or (4) after the Court otherwise has failed to find that the criteria for forfeiture in G.S. 20-28.2(b) or (b1) have been met. To enter an order forfeiting a seized motor vehicle, use “Order Forfeiti ng Mo tor V ehicle After Hearing- Impaired Dri ving ,” AO C-CR-335 A.] In the space labeled “Name Of Motor V ehi cle O wner ” above, enter the name of the owner to whom the motor vehicle is to be released. If this is the defendant, enter the defendant’s name here as well as in t he space for “Name Of Defendan t.” G.S. 20-28.4 State S upe rior Cou rt Division Date Of Seizure State This matter is before the Court to determine whether the vehicle descr ibed abo ve shall be forfeited pur suant to G.S. 20-28.2. Based on the evi dence presented and the entire record in this case, the Court finds that: 2. 3. FINDINGS OF FACT The motor vehicle was sei zed on the date shown above while being driven by the def endan t named above. The vehicle was seized purs uant to G.S. 20-28.3(a). 1. The motor vehicle owner named above is a person in whose name a registration card or certificate of title for the motor vehicle was iss ued at the time of seizure. The def endan t was subs equen tly not convicted of an offense involving impaired driving, or if the def endan t was convicted the Court finds t hat of a prior impaired driving license revocation as defined in G.S. 20-28.2(a). Date NOTICE TO PARTY OBTAINING RELEASE: "[W]ithin 30 days of the date of the court's [release] order, the owner must make payment of the outst anding towing and stor age costs for the motor vehicle and retrieve the motor vehicle, or give notice to [the] Division of Motor Vehicles req uesting a judicial hearing on the validity of any m echanics' lien on the motor vehicle for towing and stor age costs." G.S. 20-28.4. The for egoing is a true and correct copy of the original on file in this office. Date NOTE TO CLERK: The Clerk shall report to DMV by electronic means [STARS] the entry of an order of release. G.S. 20-28.8. The Clerk also may send a copy of the order of release to the county school board attorney and District Attorney. CONCLUSIONS OF LAW On the basis of the f oregoing findings of fact, the Court concl udes as a matter of law that the vehicle descri bed abo ve is not subject to forfeiture purs uant to G.S. 20-28.2. ORDER It is ORDERED that the motor vehicle descri bed abo ve and any f unds held by the Clerk representing proc eeds of insurance be released to the motor vehicle owner named above upon payment of all towing and stor age charges incurred as a result of the seizure and impound ment of that vehicle, and the Clerk shall disburse to the motor vehicle owner all f unds held by the Clerk representing proc eeds of the sale of the motor vehicle. Signature Of Presiding Judge Name Of Presiding Judge (Type Or Print) Deputy CSC Clerk Of Superior Court Assistant CSC Signature CERTIFICATION Co unty AOC-CR-336A, Rev. 12/13 © 2013 Administrative Office of the Courts In The G eneral Cou rt Of Justice District File No. STATE OF NORTH CAROLINA IMPAIRED DRIVING (applicable to offenses committed prior to December 1, 2013) the defendant’s drivers license was not revoked as a result (applicable to offenses committed on or after December 1, 2013) the criteria for forfeiture in G.S. 20-28.2(b) or (b1) otherwise have not been met.