(a) After conviction of an offense under Alaska Stat. § 28.15.291(b), Alaska Stat. § 28.35.030, or 28.35.032, a motor vehicle, aircraft, or watercraft involved in the commission of the offense is subject to forfeiture as provided under Alaska Stat. § 28.15.291(b), Alaska Stat. § 28.35.030, and 28.35.032.
lawyer at desk

Ask a traffic law question, get an answer ASAP!
Thousands of highly rated, verified traffic lawyers.
Parking violations, accidents, DUI/DWI, licensing, registration, and more
Protect your vehicle and your rights with expert legal help now
Click here to chat with a lawyer about your rights.

Terms Used In Alaska Statutes 28.35.036

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Conviction: A judgement of guilt against a criminal defendant.
  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(b) Before forfeiture of a motor vehicle, aircraft, or watercraft, the court shall schedule a hearing on the matter and shall notify the state and the convicted person of the time and place set for the hearing. Except for a motor vehicle, aircraft, or watercraft that is required to be forfeited under Alaska Stat. § 28.35.030 or 28.35.032, the court may order the forfeiture of the motor vehicle if the court, sitting without a jury, determines, by a preponderance of the evidence, that the forfeiture of the motor vehicle, aircraft, or watercraft will serve one or more of the following purposes:

(1) deterrence of the convicted person from the commission of future offenses under Alaska Stat. § 28.15.291(b), Alaska Stat. § 28.35.030, or 28.35.032;
(2) protection of the safety and welfare of the public;
(3) deterrence of other persons who are potential offenders under Alaska Stat. § 28.15.291(b), Alaska Stat. § 28.35.030, or 28.35.032; or
(4) expression of public condemnation of the serious or aggravated nature of the convicted person’s conduct.
(c) Upon forfeiture of a motor vehicle, aircraft, or watercraft, the court shall require the

(1) surrender of the registration and certificate of title of that motor vehicle; the registration and certificate of title shall be delivered to the department;
(2) convicted person to pay all administrative costs incurred by the state in forfeiting the motor vehicle, aircraft, or watercraft, including costs incurred by the department, law enforcement personnel, or the court system.
(d) If not released under Alaska Stat. § 28.35.037, a motor vehicle, aircraft, or watercraft forfeited under this section may be disposed of at the discretion of the Department of Public Safety.
(e) Disposal under this subsection includes

(1) sale, as a unit or in parts, including sale at an auction, and the proceeds deposited into the general fund;
(2) transfer to a state or municipal law enforcement agency;
(3) being declared surplus and transferred to the Department of Administration;
(4) being destroyed; or
(5) transfer to a charitable organization; in this paragraph, “charitable organization” means a charity that is exempt from taxation under 26 U.S.C. § 501(c)(3) (Internal Revenue Code).
  Previous section
Next section  
 Article 1 Contents