Car Seizure Law Angers Hispanics

Chicago Tribune | January 16, 2004 | Daniel Gibbard, Ginny Skweres

[tom paine 2]

Waukegan's tough car-seizure law has netted $2 million and improved safety in its first year, city officials say, but some Hispanics complain it disproportionately affects them.

The ordinance allows police to seize the car of a person accused of drunken driving or committing a felony such as selling drugs or prostitution. But it also allows seizure for what some activists say are relatively common offenses such as driving without a license or without insurance.

[Principled]

"ACCUSED OF"...??? SImply accusing someone impounds?

How totalitarian.

[EggsAckley]

Sounds like a place I don't ever want to visit.

[AppyPappy]

We jail people who are accused of crimes? Isn't that worse than impounding?

[theDentist]

They were trying this in Boston (I think), and ran into a few hurdles. One of them was impounding cars that had been borrowed by friends, family members, and rental cars. The courts had a problem with impounding a car that legally belonged to others.

[Cubs Fan]

Biang and Cunningham said the bottom line is drivers must obey the law

I think all members of minority groups should be exempt from all laws. Let's just end this horrible *racism* right here and now.

/sarcasm

[DumpsterDiver]

Waukegan's law is particularly tough on Latinos, Carrasco said, because they can have a hard time getting licenses due to language barriers and difficulty securing residency documents such as bank statements or utility bills.

Did they lose their green cards?

Insurance, she said, is a foreign concept to many immigrants, because in Mexico, "If you get into an accident, you just pay cash for the damage."

This ain't Mexico. (Or is it?)

[tdadams]

I would hope the "accused of drunk driving" part is just a mistake attributed to lazy journalism. However, to the hispanics complaining that this affects them disproportionately, either because they're disproportionately drunks or they're disproportionately driving without a license, I would say (in the words of Jim Carrey in "Liar, Liar"): Quit breaking the law!!!

[Gefreiter]

"Waukegan's law is particularly tough on Latinos... because they can have a hard time getting licenses due to language barriers"

I live in a poor area of New England and can get many government documents, including car registration materials, in about 19 languages.

"...and difficulty securing residency documents such as bank statements or utility bills."

If you pay your bills and are getting paid legally, neither of these is really a problem.

" 'Insurance', she said, is a foreign concept to many immigrants, because in Mexico, " 'If you get into an accident, you just pay cash for the damage.' "

Fair enough- yet we're not in Mexico, but we should just accept that things are different and be OK with uninsured, unlicensed, non-English speakers driving around right?

Because to actually enforce those laws about being licensed and insured is racist and intolerant.

[Stu Cohen]

Los Angeles does this to "suspected" John's as well. I think that stuff is a problem, because there is usually some kind of defense that can be put on.

But if they don't have a license or insurance, that can pretty much be proven on the spot, no? You either have it, or you don't. There are few grey areas there. If the license expired I wouldn't take the car (honest mistake?) ... but if they just don't have one, I mean, come on.

Also, most insurance companies electronically registered with the DMV, so the cops pretty much know if a car is insured or not.

I don't see a problem with impounding the car if the driver doesn't have a license. As a matter of fact, it makes perfect sense.

People seem to keep forgetting that a car is a gun with a 2,000lb bullet. Okay, so the bullet doesn't go 1,000mph, but the size makes up for the speed. And more people own cars than guns. People who don't have the attention span and/or temperment to control the car. We need more car control than we do gun control. Too many people are behind the wheel that irresponsibly use their weapon.

[CSM]

The "accused" isn't an error. That practice is commonplace in many places. Just like the confiscation of cash, just because you have an amount that some government worker feels is inappropriate. They take the property, then you have to fight to get it back. No longer are we "innocent until proven guilty".

[hopespringseternal]

We jail people who are accused of crimes? Isn't that worse than impounding?

The difference is they let you out of jail if you are found to be innocent. I am sure you will be happy to have that oversight fixed, though.

[hopespringseternal]

I would hope the "accused of drunk driving" part is just a mistake attributed to lazy journalism.

Maybe in this case, but more and more it's not. The mere accusation by a police officer in many locales and you will lose anything of value the authorities want.

[joesnuffy]

Good reason for them to drive 'beaters'

[AppyPappy]

Do they unimpound your car if you are found innocent?

[jetson]

Gee, illegals are worried they might lose their cars for driving without licsenses' and insurance. TOUGH S**T!

[CSM]

"Do they unimpound your car if you are found innocent?"

Nope, they have already sold it and you need to follow an entirely different procedure to recover any confiscated property. This process has just become another revenue generating scam run by the force of a gun!

[hopespringseternal]

Do they unimpound your car if you are found innocent?

They seize your car on accusation. At that point, it becomes the property of the local governing authority. It depends on the governing authority, but you then have to take steps to get it back. It may help your case if you are acquited, but it by no means guarantees the return of your property.

It is far different from simple impoundment where you pay the fee and get the car back.

For driving-related crimes such as DWI, seizure should be part of the punishment when convicted.

[R. Scott]

I’m not in favor of such totalitarian confiscation laws either – and I’m not Hispanic.

[arm958]

I’m not in favor of such totalitarian confiscation laws either – and I’m not Hispanic.

Driving without insurance or without a license is a scourge in many parts of the country. Anyone caught doing either should have his car impounded.

I wonder what Mexican authorities would do if they stopped an American driver who didn't have insurance.