Posted on 04/23/2005 12:07:17 PM PDT by elkfersupper
ALBUQUERQUE, N.M. -- Albuquerque's new DWI seizure ordinance has some people asking whether it is legal to seize someone's vehicle without due process.
Civil liberties activists said Albuquerque's new DWI seizure ordinance interferes with citizens' constitutional rights.
Under the ordinance, the city can permanently take a first offender's car at the time of arrest.
The city said it makes more sense to impound the cars now, rather than wait for the case to go to trial, which could take six to eight months.
The ACLU said that's where the constitutional problem comes up.
"What this ordinance does is penalize them first and sort out the details later," said Peter Simonson, executive director of New Mexico's American Civil Liberties Union.
"It's not practical and realistic for the city to impound cars at the time of the arrest and then wait to go to trial," said Stan Harada, assistant city attorney.
The ACLU is still analyzing the bill and is considering stepping in by filing an injunction.
Officers arrest about 700 drunken drivers every month. About 80 percent of them are first offenders.
Where's Vic Mackey?
Was the ACLU complaining when Rudy did this years ago in NY ?
It definitely violates due process, but it's hardly new.
Probably the only time I'm going to agree with the ACLU. And probably the only time the Ninth Circuit is going to rule against them.
EH?
This is new. It happens on the first DWI ARREST, not CONVICTION.
Not a "SHIELD" fan, huh?
Nope, neither specifically not generically.
Impounding the vehicle FIRST sure gets the attention of the DWI or anyone considering DWI. The message is not so much for those who have been arrested and are awaiting trial, it is for those who seem not to realize there are consequences for certain behaviors.
You're missing the best drama EVER on TV. I brought it up because the plot now involves property seizures for drug arrests and the politics that surround it.
The way these laws are written, everybody who drives is guilty of DWI everytime they drive. Can't know how to comply with the law, no victims, no defense.
Tyranny.
Everybody is a DWI offender.
Actually, if the case was about someone shooting up an area with a gun with police witnesses, the ACLU would be all in favor of the police seizing the gun until the trial.
This just makes them hypocrites. Which is nothing new.
I'll make it a point to watch. These property seizures are getting out of hand.
Isn't a car driven by a drunk just as deadly as a knife wielded by a drunk?
While I disagree with permanent seizure before trial, impounding the vehicle at the time of arrest makes perfect sense.............if you are arrested for drunk driving you are obviously unable to drive said vehicle - by having it towed to the impound lot your property is being protected.
I've driven more than one friend to an impound lot after they got bopped for drunk driving.
Can I make a suggestion? You really have to watch this show from the beginning to understand the nuances. There are three seasons on DVD. My husband and I watched all 39 hours of it in about a week, that's how good it is. Watching episodic TV like a movie, one right after the other, is so much better, especially a show like this. Brilliant isn't even the word. But a warning, if nudity, violence and profanity offend you, please don't bother with this show. It's realistic...to a tee.
You try to make such a good case. The only problem is that silly Constitution thing gets in the way...
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
That's for sure. I've been ticketed in some of NM's "hwy construction zone speed traps" while pulling a horse trailer. I won't go through NM anymore driving anothers or my own vehicle. I'll ride through only. An out of state license plate spells $$$ to the state policia's.
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