(a) The forfeiting authority shall surrender the motor vehicle on request to the owner if the forfeiting authority determines, independent of the decision of the seizing authority, that the total circumstances of the case as listed under § 13–507(b) of this subtitle do not justify forfeiture.
(b) In a proceeding under this subtitle, the court may determine, based on the circumstances listed in § 13–507(b) of this subtitle, whether the seizing authority or forfeiting authority abused its discretion or was clearly erroneous:
(1) in recommending the forfeiture of a motor vehicle; or
(2) in not surrendering on request a motor vehicle to an owner.