Suffolk County Vehicle Forfeiture After Traffic DWI Arrest Upheld
Suffolk County continues to aggressively enforce both traffic laws and its civil vehicle-forfeiture program. In Cohen v. A 2019 Nissan (2026 NY Slip Op 05158), the Appellate Division, Second Department, confirmed that Suffolk County’s Code provisions authorizing the seizure and forfeiture of vehicles used by intoxicated drivers are constitutional.
A Suffolk County police officer observed the defendant operating a 2019 Nissan Altima on Pulaski Road in Huntington at approximately 100 mph in a 35-mph zone and running a steady red light. The stop led to an arrest for driving while intoxicated. The vehicle was immediately seized and impounded under Chapter 420 of the Suffolk County Code. The defendant later pleaded guilty to aggravated driving while intoxicated per se (VTL § 1192[2-a][a]) with a prior conviction. Suffolk County then pursued civil forfeiture of the Nissan. The Second Department upheld the County’s authority to seize and forfeit the vehicle.
Why This Matters for Suffolk Traffic Tickets and DWI Cases
Many drivers facing Suffolk traffic tickets or DWI charges do not realize that a conviction (or even certain arrests) can trigger a separate civil forfeiture action against the vehicle itself. Suffolk County’s ordinance allows the County to seek permanent forfeiture of vehicles used in the commission of specified offenses, including certain alcohol-related driving offenses. The Cohen decision reinforces that these local forfeiture provisions survive constitutional challenge.
Practical takeaways for motorists in Suffolk County:
A high-speed stop that leads to a DWI arrest can result in both criminal charges and the loss of the vehicle.
Forfeiture proceedings are civil, not criminal. Different rules of evidence and burdens of proof apply.
Early intervention—both on the underlying traffic/DWI charges and on any pending forfeiture claim—is critical.
Related traffic tickets (speeding, red-light violations, lane infractions, etc.) that accompany a DWI stop remain important. Successful defense or reduction of those tickets can affect the overall posture of the case.
Whether you are fighting a simple speeding ticket at the Suffolk County Traffic and Parking Violations Agency, a more serious VTL charge in a local justice court, or facing the additional threat of vehicle forfeiture after a DWI arrest, the stakes are high. Points, insurance increases, license suspension, and the potential loss of your car all require a coordinated defense strategy.
Cory H. Morris, Esq. New York and Florida, Traffic, Accident, and Injury - Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)
2026 NY Slip Op 5158 - NY: Appellate Div., 2nd Dept., 2026 - Google Scholar
New York State Traffic, Suffolk County Traffic Agency and Nassau County Traffic, FOIL and Article 78 and Appeals - Traffic and Parking Violations Agency matters | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).
This post is for informational purposes only and does not constitute legal advice. Every case is fact-specific. For advice about your particular situation, please contact the office for a consultation.
