§ 21-12-305. REFERRAL TO THE COUNTY ATTORNEY.

(a)

Referral. Promptly after seizure, the county police officer who seized and caused the impoundment of the minibike shall notify the County Attorney in writing of the facts and the circumstances supporting the seizure.

(b)

Review by the County Attorney. The County Attorney shall conduct an independent review of the facts and circumstances surrounding the seizure and impoundment of the minibike.

(c)

County Attorney's determination.

(1)

If the County Attorney determines that there is sufficient evidence to prove that the minibike in question is subject to forfeiture, the County Attorney shall notify the owner by certified mail of the seizure and of the County Attorney's intent to institute forfeiture proceedings.

(2)

If the County Attorney determines that there is insufficient evidence to prove a case of forfeiture, the County Attorney shall surrender the minibike on request of the owner.

(1988 Code, § 21-224) (Bill No. 72-00, § 2, 7-1-2004)