§ 5-65-117 Vehicle seizure; forfeiture; sale

Codes > Arkansas Code > Title 5 : Subtitle 6 > Chapter 65 : Subchapter 1 > 5-65-117 Vehicle

§ 5-65-117. Vehicle seizure; forfeiture; sale

    (a)(1)(A) Any person who pleads guilty or nolo contendere or is found guilty of violating § 5-65-103 for a fourth offense occurring within three (3) years of the first offense, at the discretion of the court, may have his or her motor vehicle seized.

            (B) If the motor vehicle is seized, the title to the motor vehicle is forfeited to the state.

        (2)(A) If ordered by the court, it is the duty of the sheriff of the county where the offense occurred to seize the motor vehicle.

            (B) The court may issue an order directing the sheriff to sell the motor vehicle seized at a public auction to the highest bidder within thirty (30) days from the date of judgment.

    (b)(1) The sheriff shall advertise the motor vehicle for sale for a period of two (2) weeks prior to the date of sale by at least one (1) insertion per week in a newspaper having a bona fide circulation in the county. z

        (2) The notice shall include a brief description of the motor vehicle to be sold and the time, place, and terms of the sale.

    (c) The proceeds of the sale of the seized motor vehicle shall be deposited into the county general fund.

    (d)(1) After the sheriff has made the sale and has turned over the proceeds of the sale to the county treasurer, the sheriff shall report his or her actions to the court in which the defendant was tried.

        (2) The report required by subdivision (d)(1) of this section shall be filed with the court within sixty (60) days from the date of judgment.

    (e) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission.