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Session Laws, 1984
Volume 759, Page 2865   View pdf image
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HARRY HUGHES, Governor                                    2865

an owner, as those terms are defined in the Maryland Vehicle
Law. ]

(G) IF THE STATE'S ATTORNEY DETERMINES INDEPENDENT OF THE
DECISION OF THE POLICE DEPARTMENT, BUREAU, OR FORCE THAT SEIZED
THE MOTOR VEHICLE THAT THE MOTOR VEHICLE FALLS WITHIN THE PURVIEW
OF SUBSECTION (F)(2)(I), (II) OR (III) OR THAT THE STANDARDS TO
BE UTILIZED PURSUANT TO SUBSECTION (F)(1) WERE NOT MET, THE
STATE'S ATTORNEY SHALL SURRENDER THE VEHICLE UPON REQUEST TO THE
OWNER.

[(h) The State's attorney for the county or Baltimore City
where the seizure is made shall notify the owner of the motor
vehicle by certified mail of the seizure and of the determination
by the State's attorney of whether the owner knew or should have
known that the motor vehicle was being, or was to be, used in
violation of this subtitle.]

(H) (1) IF THE STATE'S ATTORNEY DETERMINES AFTER THE
RECOMMENDATION OF THE CHIEF LAW ENFORCEMENT OFFICER OF THE POLICE
DEPARTMENT, BUREAU, OR FORCE THAT SEIZED THE MOTOR VEHICLE THAT
THE MOTOR VEHICLE SHOULD BE FORFEITED TO THE STATE, THE STATE'S
ATTORNEY, WITHIN 45 DAYS AFTER THE SEIZURE OF THE MOTOR VEHICLE,
SHALL:

(I)  PETITION IN EQUITY IN THE CIRCUIT COURT OF
THE APPROPRIATE SUBDIVISION IN THE NAME OF THE STATE OF MARYLAND
AGAINST THE MOTOR VEHICLE AS DESIGNATED BY MAKE, MODEL, YEAR, AND
MOTOR OR SERIAL NUMBER; AND

(II)  AT THE SAME TIME SEND COPIES OF THE
PETITION BY REGISTERED OR CERTIFIED MAIL TO EACH REGISTERED OWNER
AND ANY PARTY NOTED AMONG THE RECORDS OF THE MOTOR VEHICLE
ADMINISTRATION.

(2) THE PETITION FOR FORFEITURE SHALL CONTAIN:

(I) THE NAMES OF THE REGISTERED OWNERS OF THE
MOTOR VEHICLE;

(II) THE NAME OF ANY SECURED PARTY WHOSE
INTEREST APPEARS AMONG THE RECORDS OF THE MOTOR VEHICLE
ADMINISTRATION;

(III) A STATEMENT OF THE FACTS AND
CIRCUMSTANCES SURROUNDING THE SEIZURE OF THE MOTOR VEHICLE;

(IV) A STATEMENT SETTING FORTH THE SPECIFIC
CAUSES OR GROUNDS' FOR FORFEITURE OR BOTH;

(V) A STATEMENT SETTING FORTH ANY CONTENTION
THAT ANY REGISTERED OWNER OR SECURED PARTY KNEW OR SHOULD HAVE
KNOWN THAT THE MOTOR VEHICLE WAS BEING OR WAS TO BE USED IN
VIOLATION OF THIS SUBTITLE; AND

 

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Session Laws, 1984
Volume 759, Page 2865   View pdf image
 Jump to  
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