Police Department v. Matinez


          Petitioner, the Police Department, brought about this proceeding to determine its right to retain a vehicle seized as the alleged instrumentality of a crime pursuant to section 14-140 of the Administrative Code. 

          Respondent’s was operating the vehicle in question at the time of its seizure.  Respondent was arrested for operating a motor vehicle while under the influence of alcohol or drugs, reckless driving and resisting arrest, when Petitioner seized Respondent’s vehicle. 

          The Court found that the petitioner failed to prove that it had served respondent with notice as required by Krimstock Order, timely notice of respondent’s right to a retention hearing in person and by mail.  The vehicle was therefore ordered released. Police Dep’t v. Martinez (in PDF),