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.

1. 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driver is charged with an offense involving impaired driving and at the time of that offense a) the driver’s license was revoked as a result of a prior impaired driving license revocation or b) the driver did not have a valid drivers license and was not covered by an automobile liability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).
2. 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 to original juvenile jurisdiction. G.S. 7B-1501(7). Under that definition, motor vehicle offenses alleged to have occurred when the juvenile was age 16 or 17 are never subject to juvenile jurisdiction. G.S. 7B-1501(7)b. Those cases are criminal cases from their inception. Therefore, charges for motor vehicle offenses involving impaired driving and felony speeding to elude arrest when committed at age 16 or 17 are criminal matters despite the fact that people under the age of 18 generally fall under the definition of juvenile. As criminal matters, the juveniles in these cases are charged just like any other defendant in a criminal matter. The vehicle seizure statute in G.S. 20-28.3 clearly applies in these cases.

Juveniles who are alleged to have committed motor vehicle offenses when they are younger than age 16 are situated differently. These youth are subject to original juvenile jurisdiction for motor vehicle offenses. G.S. 7B-1501(7)a. Whether the seizure law contained G.S. 20-28.3 applies in these cases is a more complicated question.

Delinquency Allegations Do Not Constitute Charges Under G.S. 20-28.3

There is no definition of what it means to be charged in G.S. 20-28.3. However, other language in Chapter 20 informs that meaning. First, G.S. 20-16.2(a1), part of the implied consent law, states that a “person is ‘charged’ with an offense if the person is arrested for it or if criminal process for the offense has been issued.” Because this definition clarifies what it means to be charged with an implied-consent offense, including for an offense involving impaired driving, and because offenses involving impaired driving trigger motor vehicle seizure under G.S. 20-28.3, this definition arguably applies for the purposes of G.S. 20-28.3.

The definition of being charged contained in G.S. 20-16.2(a1) does not apply to cases subject to delinquency jurisdiction under its plain language. The Juvenile Code does not use the term arrest. Instead, youth who are subject to delinquency jurisdiction are “taken into temporary custody” when grounds exist for the arrest of an adult in the same circumstances. G.S. 7B-1900. Additionally, criminal process is not issued in delinquency matters. Instead, delinquency matters are initiated through a civil petition and summons process. G.S. 7B-1801. Therefore, youth subject to delinquency jurisdiction are not included in this definition of what it means to be charged with an implied consent offense.

Second, the language contained in G.S. 20-28.3 is exclusively criminal. In addition to use of the word “charged,” the person charged is referred to as the “defendant.” The word defendant is not part of the Juvenile Code. Instead, the youth who is subject to delinquency proceedings is referred to as the “juvenile.” The language of G.S. 20-28.3 also references “district court trials” and “pretrial release” of seized vehicles. Delinquency proceedings do not include trials or the concept of pretrial release. Instead, delinquency matters have “adjudications” (G.S. 7B-2403) and “secure custody orders.” G.S. 7B-1904.

Given this plain language of the statute along with definition of what it means to be charged with an offense included in G.S. 20-16.2(a1), it appears that the motor vehicle seizure procedure in G.S. 20-28.3 does not apply when offenses involving impaired driving or felony speeding to elude arrest are subject to juvenile jurisdiction.

What if a Seizure Order is Improperly Issued?

The AOC-CR-323A is the form used to order motor vehicle seizure and impoundment following a qualifying charge for an offense involving impaired driving. The AOC-CR-323B is the form used to order motor vehicle seizure and impoundment following a charge for felony speeding to elude arrest. If one of these forms is used to order seizure of the motor vehicle in a matter that is subject to juvenile jurisdiction, the form should be amended to rescind the seizure order and require release of the vehicle.

Because delinquency matters begin with intake through the juvenile court counselors’ offices (G.S. 7B-1700), delinquency matters may not be immediately filed with the court. If a seizure order was improperly issued and the matter has not been filed as a petition in juvenile court, the amended seizure order should be provided to the chief court counselor. If the matter has been filed as a petition in juvenile court when the seizure order is amended, the amended order can be provided to the clerk of court for filing in the matter.

Because these orders are being filed in a delinquency matter, it is important that they remain part of the confidential juvenile court record. G.S. 7B-3000. While they are technically criminal forms, they should be withheld from public inspection as required of all juvenile court records under the Juvenile Code.

In Summary

If the juvenile is being charged as an adult, then the motor vehicle seizure provisions contained in G.S. 20-28.3 apply. If the juvenile is subject to delinquency jurisdiction, the motor vehicle seizure provisions contained in G.S. 20-28.3 do not apply.

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