Raleigh, NC (PRWEB) August 28, 2013
In North Carolina, law enforcement is buckling down on reckless driving through the North Carolina 'Run and You're Done' Act. This act, put into effect by previous North Carolina state governor Beverly Purdue back in 2011, allows the state and law enforcement officers to confiscate the vehicle of those involved in car chases with the police. "There is a lot of controversy surrounding the enactment of this law due to the fact that it requires no notification from the state that you're vehicle is in line to be sold," says Raleigh Traffic Attorney Moseley Matheson. The only necessary notification of such action is an ad in the local paper two weeks prior to the confiscation of the Defendant's vehicle. There is also a requirement to post notice of seizure at the residence or place where the seizure of the vehicle will occur. Outside of this there is nothing preventing the state law enforcement from confiscating a vehicle, with the added fact that there is no guarantee of return on the vehicle after the outcome of the case has been reached.
A recent article posted on the WRAL news site on August 23, 2013 draws into question the integrity of this North Carolina statute, "It turns the constitutional presumption of innocence on its head if the police can come in or the state can come in and start seizing your property because you've been accused of something,” says criminal defense attorney Mark McCullough. Constitutionally people are innocent until proven guilty and therefore, it is a fair argument to say that the seizure of a persons property before guilt has been determined is a violation of those constitutional rights. However, the same criminal attorney states that the law does attempt to reconcile this imposition on a Defendants rights. Wake County Criminal Attorney Mark McCullough acknowledges, "...vehicle owners who get charges dropped or who weren’t driving the car at the time of the crime can get their vehicles back." While this does not change the fact that the vehicle can be seen as unconstitutionally seized in the first place, it does allow for error on the part of the state. This attempt to smooth over the rough edges of this law have been enough so far so subdue any ill reactions, but for how long.
In the Wake County area alone, hundreds of vehicles have been seized due to the 'Run and You're Done Law'. The WRAL news report claims, "In Wake County, 48 of the 79 vehicles seized under "Run and You're Done" are still impounded because the cases have not been settled." The slow process of the North Carolina Justice system is an added preventative to Defendants getting their car back, without ever being pronounced guilty. "While this law does act as a deterrent for car chases and hit-and-run traffic infractions, the imposition it causes on a persons constitutional rights needs to be addressed, " says Raleigh DWI Attorney Moseley Matheson. Meanwhile the law is doing its job and decreasing incentive to violate the North Carolina traffic statutes.
If you are facing a DWI charge in North Carolina and are in need of a Raleigh Criminal Attorney, contact the Matheson Law Office, Pllc for your free consultation at 919-335-5291. They have handled hundreds of cases and are very experienced in Wake County DWI Defense.