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Albuquerque Can't Take Cars On 1st DWI
Albuquerque Journal ^ | August 10, 2005 | Jeff Proctor

Posted on 08/10/2005 4:18:54 PM PDT by elkfersupper

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For background:

DWI Law Latest Case of Disregard for Constitution

1 posted on 08/10/2005 4:19:00 PM PDT by elkfersupper
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To: elkfersupper

Seizing cars for DWI?
Can't wait to see what they move on to next.


2 posted on 08/10/2005 4:22:18 PM PDT by somemoreequalthanothers (All for the betterment of "the state", comrade)
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To: somemoreequalthanothers

Overreaching in the wrong place again. They cant execute people with multiple murder convictions but theyll take our property without due process??hmmnnnn?


3 posted on 08/10/2005 4:25:32 PM PDT by samadams2000 (Pitchforks and Lanterns..with a smiley face!)
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To: somemoreequalthanothers
Seizing cars for DWI?

Suspicion of DWI. No conviction. 1st offense.

In some cases, the vehicle would be sold by the City before the suspect even gets in front of a judge for the FIRST time.

4 posted on 08/10/2005 4:25:36 PM PDT by elkfersupper
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Comment #5 Removed by Moderator

To: hugoball
Why stop at cars?

They don't. They get everything in the car, also.

The same "nuisance abatement" ordinance is used to seize your house if you host (even unknowingly) an underage drinking party, or if some zoning enforcement goon doesn't like the way you maintain your yard, or if you water your grass on the wrong day, burn your fireplace on a "no-burn" night, etc., etc., etc.

6 posted on 08/10/2005 4:32:46 PM PDT by elkfersupper
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To: elkfersupper
Never wanted to go there anyway. I just hate to agree with the ACLU anytime.

In Pennsylvania new rules now say: A 2nd DUI of 0.16 or more will receive 90 days minimum in jail, $1,500 fine and loss of license for 18 months.

The trial attorneys from MADD got that one through because they (attorneys) make so much. The founder of MADD said she has lost control and the attorneys hijacked her reasonable program.

7 posted on 08/10/2005 4:34:02 PM PDT by AGreatPer
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To: elkfersupper
The "successful' tactics of the fabulous "War on Drugs" are expanding. Soon a speeding ticket will be the excuse to seize ( and resell) the car.
8 posted on 08/10/2005 4:34:15 PM PDT by Peter vE (Ceterum censeo: delenda est Carthago.)
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To: All

gee, can't put ankle bracelets on child sex offenders but can seize the car of an otherwise sparkling citizen on suspicion of driving intoxicated? Give me a break....this is a stupid law and should have been overturned...how about castration for first time child sex offenders?


9 posted on 08/10/2005 4:35:17 PM PDT by michaelbfree
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To: michaelbfree

Sorry, there's no money be made castrating sex offenders.


10 posted on 08/10/2005 4:36:38 PM PDT by Peter vE (Ceterum censeo: delenda est Carthago.)
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To: hugoball
Why stop at cars? Why not take their house, too,

Perhaps if they are smoking cigarettes at the time...

11 posted on 08/10/2005 4:41:42 PM PDT by glorgau
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To: AGreatPer
In NM, most people are guilty of DWI every time they You can be convicted of DWI even if the breath test is below the legal limit if it is proven that your ability to drive was impaired to the slightest degree by drugs or alcohol. You should therefore avoid driving with any amount of alcohol or other drugs in your system. drive.

Excerpt from warning on NM MVD Website:

You can be convicted of DWI even if the breath test is below the legal limit if it is proven that your ability to drive was impaired to the slightest degree by drugs or alcohol. You should therefore avoid driving with any amount of alcohol or other drugs in your system.

OTHER DRUGS It is illegal to drive while under the influence of any drug, whether it is an illegal drug or a prescription, drug. Some prescription medicines cause drowsiness or disorientation, and should not be used while driving. It is not a defense to the charge of DWI that the drug you were using was prescribed by a doctor.NM MVD

I'm willing to bet that PA has a similar statute, thanks to MADD>

12 posted on 08/10/2005 4:44:48 PM PDT by elkfersupper
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To: elkfersupper

Screwed that up, but you get the gist. Sorry.


13 posted on 08/10/2005 4:46:00 PM PDT by elkfersupper
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To: Peter vE

ah c'mon, Albuquerque Oysters has a nice ring to it, sure some smart marketer could figure out something...:)


14 posted on 08/10/2005 4:47:30 PM PDT by michaelbfree
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To: Peter vE
Soon a speeding ticket will be the excuse to seize ( and resell) the car.

Already the case in Albuquerque, if you get caught by the red light cameras often enough. See the link at post #1.

15 posted on 08/10/2005 4:47:59 PM PDT by elkfersupper
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To: elkfersupper

Typical that those Liberals at the ACLU are supporting drunk drivers.


16 posted on 08/10/2005 4:48:02 PM PDT by Doe Eyes
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Comment #17 Removed by Moderator

To: Doe Eyes
Typical that those Liberals at the ACLU are supporting drunk drivers.

I happen to agree with the ACLU in this case (OUCH!) and so should you.

18 posted on 08/10/2005 4:50:04 PM PDT by elkfersupper
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To: hugoball

True, if you are arrested and accused, nothing much happens unless you have money to pay the various DWI taxes.


19 posted on 08/10/2005 4:51:21 PM PDT by elkfersupper
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To: elkfersupper
Rules are almost the same in PA except all nasty rulings begin at 0.08 which is four beers.

I got a dui 25 years ago and until recently was subject to the 2nd dui rough penalty. Recently, some smart judge put a 10 year moritorium (going back in time) limit on that. So my record is now clean and would be judged as a first offender.

I don't mind at all coming down hard on dwi. But the trial attorneys, MADD, found a money fountain and they will take advantage of it. I will say it again, the ACLU got one right.

20 posted on 08/10/2005 5:00:23 PM PDT by AGreatPer
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