§ 12-205. Seizure of motor vehicles -- Exceptions

   A motor vehicle used in violation of this title may not be seized and forfeiture may not be recommended to the forfeiting authority if:

   (1) the motor vehicle falls within § 12-103(b) of this title;

   (2) (i) an innocent registered owner lends the motor vehicle to another person; and

      (ii) that person, or someone invited into the motor vehicle by that person, brings a controlled dangerous substance or paraphernalia into the motor vehicle without the registered owner's knowledge; or

   (3) (i) a member of the family other than the registered owner uses the motor vehicle, and a controlled dangerous substance or paraphernalia is in the motor vehicle in an amount insufficient to suggest a sale is contemplated;

      (ii) a sale was not made or attempted; and

      (iii) the registered owner did not know that the controlled dangerous substance or paraphernalia was in the motor vehicle.

HISTORY: An. Code 1957, art. 27, § 297(i)(2); 2001, ch. 10, § 2.