Juveniles and Vehicle Seizure Under G.S. 20-28.3

Does the law regarding motor vehicle seizure when a person is charged with felony speeding to elude arrest or an offense involving impaired driving apply to juveniles? If the case is subject to original juvenile jurisdiction, the answer is no. Read on to understand why that is and what to do if a seizure order is improperly issued. When Motor Vehicles are Subject to Seizure Based on Charges Included in G.S. 20-28.3, Generally Motor vehicles are subject to seizure under G.S. 20-28.3 when either of the below applies. The driver is charged with an offense involving impaired driving and at the time of that offense a) the driver’s license was revoked as a result of a prior impaired driving license revocation or b) the driver did not have a valid drivers license and was not covered by an automobile liability policy. G.S. 20-28.3(a). The driver is charged with felony speeding to elude arrest. G.S. 20-28.3(a1). The question therefore is whether allegations that a juvenile committed these offenses constitutes being charged under the meaning of this statute. The Age of the Juvenile at the Time of the Offense Determines the System with Original Jurisdiction The Juvenile Code defines a juvenile as someone who “has not reached the person's eighteenth birthday and is not married, emancipated, or a member of the Armed Forces of the United States.” G.S. 7B-1501(17). But a different definition of delinquent juvenile governs whether offenses alleged to have been committed by someone under the age of 18 are subject [...]