Can the police impound my car?
When the police have impounded your car, the consequences can be profound. Perhaps it is more difficult to travel to work, or you have difficulty walking and a car is essential.
At Van Meekren Advocatuur, we understand how frustrating this can be. In this article, we explain what your rights are, what steps you can take and how we can help.
When may the police impound my car?
Under circumstances, the police or prosecutor may seize a car as part of criminal investigations. The law has a number of bases under which this is allowed:
Importance of truth-telling: Objects that can help to uncover the truth or prove illegally obtained advantage may in principle be seized. This may be the case, for example, if a car has been used to transport drugs and the police still want to examine the car for DNA or fingerprints. This basis may also be at issue if the car has been involved in an accident and the police still want to survey the damage to the car.
For Forfeiture or Withdrawal: All items that may later be forfeited or withdrawn from circulation may also be seized.
Forfeiture and forfeiture are similar but not the same. Forfeiture is an additional punishment that the judge may impose on a convicted person to provide additional punishment. For example, the judge may declare that the driver of a robbery will not only receive jail time, but also lose his car. The car is then forfeited (click here for an example from case law).
Withdrawal from traffic is a measure and aims to protect society from the uncontrolled possession of dangerous or prohibited objects. This measure must also be ordered by a judge, but the owner does not even have to be convicted. For example, a car with a secret compartment for smuggling drugs can be withdrawn from circulation even if the owner of the car did not even know it. Under circumstances, the owner then does claim compensation in such a case (click here for an example from case law).Preservation orders: When there is suspicion of a serious enough crime, the police may also seize valuables to ensure that a subsequent fine, damages or deprivation order can actually be paid. This is called "prejudgment attachment.
Please note that impounding your car does not automatically mean that you are guilty of a criminal offense. Confiscation is an interim measure, not a punishment.
How long can the police impound my car?
The law has no maximum time limits for the seizure of objects. The duration usually depends on the basis:
If the police seized a car to conduct further investigation, the seizure will have to be lifted after the investigation (assuming no new reason for the seizure has surfaced during that investigation).
If the car is seized for forfeiture or deprivation of traffic, the police/prosecution basically plan to keep the car under them until the case goes to trial. In any case, if the judge subsequently acquits, this ground lapses. Of course, it is also conceivable that the Public Prosecutor's Office, during the course of the investigation, comes to the conclusion that the car must be returned after all. Furthermore, it is sometimes possible to use a complaint to ensure that the car is returned sooner (see below 'how can I get my car back?').
If there is a prejudgment attachment, even then the police/prosecution basically intend to keep the car under them until the case appears in court. It is then up to the defense to take the necessary action against this. With prejudgment attachment, a garnishee can get the car back sooner by providing security. Also, the car can sometimes go back earlier by filing a complaint (see below 'how to get my car back').
What continuing obligations do I have?
When a vehicle is impounded the owner remains responsible for the obligations associated with owning a vehicle, namely insurance, MOT and motor vehicle tax. These obligations can be stopped by suspending the vehicle from the National Road Administration.
How can I get my car back?
If your car has been impounded, it is wise to hire a specialized lawyer . The lawyer can request the file from the Public Prosecutor's Office for you and, as a result, consult with the Public Prosecutor's Office or the police. If this does not produce the desired result, we can submit a complaint to the court on your behalf under Article 552a of the Dutch Code of Criminal Procedure. The complaint must be legally substantiated. This is followed by a procedure in which the judge handles the complaint and ultimately decides whether you will get your car back. The public prosecutor is also present here.
If your car has been garnished, you can also get it back by providing security.
Are you looking for a lawyer in connection with an impounded car? If so, please contact us using the contact form below.
Kyarah Janszen and Bram Horenblas