(A) As set out in G.S. § 20-219.11, the owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with a magistrate in the county. If there is more than one magistrate’s office in the county, the request may be filed with the magistrate in the warrant-issuing office in the county seat or in any other office designated to receive requests by the chief district court judge. The magistrate shall set the hearing within 72 hours of his or her receiving the request. The owner, the person who requested the hearing if someone other than the owner, the tower, and the Town Manager or the Town Manager’s designee who authorized the towing shall be notified of the time and place of the hearing.
(B) The owner, the tower, the Town Manager, or the Town Manager’s designee who authorized the towing, and any other interested parties may present evidence at the hearing. The Town Manager or the Town Manager’s designee who authorized the towing and the tower may submit an affidavit in lieu of appearing personally, but the affidavit does not preclude that person from also testifying.
(C) The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower’s lien continues. If the magistrate finds that probable cause did not exist, the tower’s lien is extinguished.
(D) Any aggrieved party may appeal the magistrate’s decision to district court.
(Prior Code, § 1309)