DWI Law Latest Case of Disregard for Constitution

Albuquerque Journal ^ | Friday, May 6, 2005 | By Peter G. Simonson, Executive Director, ACLU of New Mexico

[richmwill]

As much as I don't want drunk drivers on the road, taking away a vehicle without a conviction is insane.

[elkfersupper]

taking away a vehicle without a conviction is insane.

And, taking away a vehicle without a human to confront in court (red light cameras) is also insane.

Sooner or later people will realize that it is all about revenue. If local governments want to raise revenue, let them establish toll roads or raise taxes. There is no need to use cops to criminalize people in order to raise revenue.

[Rodney King]

This is a good reason to lease your cars... GMAC et al. stand up to this crap. When NYC started taking the cars of people convicted of drunk driving, they did not take leased cars.

[djf]

This is a "Bill of Attainder", prohibited by the Constitution.

A "Bill of Attainder" is any legislative or administrative act that imposes punishment without the benefit of trial. The legislature CANNOT bypass the judiciary.

[longtermmemmory]

I think it is a little red hen situation. The bread is baked and now everyone is volunteering to help eat it.

The ACLU and judges know this is absurd so it is essentially a dog and pony show.

This law should never have been passed. (where are the lawyers of the government payroll?)

[ellery]

Except that the car is sold by the time the person has his/her day in civil or criminal court. If he/she is not guilty, the car is still gone.

Separately, is the government permitted to bring civil suits? I thought those, by definition, were a matter of one private citizen against another.

[weegee]

BUMP

[thompson]

"Nevertheless, these are the bases on which the city claims the right to deprive you and your family of your car— a harsh punishment indeed in a town with such a feeble public transit system."

Pay attention here people - this statment indicates that if the government had in place a public transportation system" perhaps the theft of your car by government bureacrats would not be so harsh - and perhaps even OK!!!

[jwh_Denver]

"As much as I don't want drunk drivers on the road, taking away a vehicle without a conviction is insane."

Not saying it's right but the IRS does it all the time.

[ImphClinton]

I'm sure the suit stops the sell of the car.

However storage fees accrue. This is wrong.

Child Welfare laws are nearly all civil as are zoning laws.