Can I Lose My Car if it is Used in a Drug Deal?

Can I Lose My Car if it is Used in a Drug Deal?

You may wrestle with whether or not to let a drug-user borrow your vehicle. That person may go to work or to school but on the way home stop to buy or sell drugs. A local attorney is the best person to advise you about the laws in your area, but it is important to know that in some areas of the country, you can lose your vehicle if the drug-user is caught breaking the law with your car.

Prior Knowledge: If you give someone permission to go pick up or drop off illegal drugs and you know ahead of time that this is the purpose for borrowing your car, you could lose the car if an arrest goes down and it can be shown that you were in on it from the start. Purposely letting your vehicle be part of a criminal action puts the car at risk of being seized. 

Reasonable Expectation: In some states, you don't even have to know for sure the car will be used in a drug deal. If a reasonable person should have known, that is enough for the car to be seized. For example, a driver may have been convicted of drug dealing charges in the past year, but was put on probation instead of being sent to prison. Then, late at night, he suddenly asks to use your car and wants to use it alone. While he’s out with your car, he gets arrested for yet another drug deal. Even though you weren’t accompanying him in the car, in some cases, the state will seize your vehicle and ask that the courts forfeit your ownership because you should have had a reasonable expectation that the car would be involved in a drug deal. Therefore, when you lent your car, you did so knowing the probable outcome. 

Seizure Solution: If your car has been seized you typically have an allotted amount of time to go to court and argue your case to try and get your car back. An attorney can advise you in this matter.