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New vehicle confiscation law - Outrageous - Please read
nbc5.com ^ | 07-23-02 | ME

Posted on 07/23/2002 3:26:13 PM PDT by chitownman

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To: dennisw
But the number of people who come out of the courthouse with a suspended license and get in their cars and drive away is quite high. The suspend license means nothing to them as only the law abiding obey the law.

Taking their car away will stop them but I do think that maybe it should be taken for the length of the suspension at least for the first time. The second time take the car.

a.cricket

41 posted on 07/23/2002 5:25:50 PM PDT by another cricket
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To: T. Jefferson
Exactly - In addition, why did MADD get two million dollars, last year as a result of profits from the Victim Impact Panel class everyone convicted of a DUI is required to take? Are you telling me there is no conflict of interest here? Is there any incentive for this organization to wake up one day and say our work is done here. No the business has been set-up! It is now their job to get more clients to boost their revenues. People need to look at the methods the govt is using to solve problems, before blindly supporting every initiative the govt or any organization takes without logically looking at the impact it has on citizens that are not causing any harm.
42 posted on 07/23/2002 5:34:36 PM PDT by chitownman
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To: chitownman
Treatment, education, and treating "drunk driving" as a health problem versus making it a criminal issue.

Bunk. Cancer is a health problem. People don't just *become* drunk. They do it to themselves. It's a matter of choice, no matter what pop-psychology says.

Maybe encouraging the public by giving them more tools to avoid them getting in the situation in the first place. Such as an accurate(if there is such a thing) hand held brethalyzer to check their limit before they drive.

Yes, by all means, the government ~should~ provide hand-held breathalyzers for anyone who wants them, and VCRs, and cable TV, and prescriptions drugs, and, hey, maybe even the car itself. /sarcasm. Nah, maybe we should just stick with personal responsibility.

I don't see how increased criminal penalties is going to solve the problem.

After his third DUI, my brother-in-law was finally told that he was going to jail if he didn't straighten out. He joined AA and hasn't had a drink since. Seems like the simple thread of penalty was sufficient in his case. My guess is it will be in others, too. And assuming it isn't, then why in the world do we have criminal penalties in the first place? To protect society? Removing a drunk's car is certainly a viable way to do that. To penalize the offender? Again, removing a drunk's car is certainly a viable way to accomplish it.

In addition, by not advertising the consequenses enough and slipping in extreme, unconstitutional penalties such as confiscation of one's personal property, the state is doing nothing but making money on unsuspecting drivers who may be "actually be in control while driving", but legally over the limit.

Yes, I'm sure this is just a money-making proposition. It's not like drunk drivers actually pose a hazard to society. (Need I close my tag??)

FP

43 posted on 07/23/2002 5:38:06 PM PDT by FourPeas
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To: FourPeas
Nothing personal....but you'll have to get in line to use those initials....FP
44 posted on 07/23/2002 5:44:26 PM PDT by Focault's Pendulum
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To: chitownman
Drunk driving is stupid.No one has the "right" to self-impair themself by alcohol, then crash into me and call it an "accident".God bless MADD!

I drink alcohol. I drive.I dont do both at the same time.I remember a time, decades ago, when it was perfectly acceptable to drink and drive.That time has long since passed. We ALL know better now.There can be no excuses.

I am truly gratefull that I never injured anyone back in the "good old days" when it was just A-OK to get hammered at a bar and drive home.The only "first time DUI" is an idiot finally getting caught by the police doing what they normally do, and we ALL know that. The second time offender is not a "victim".

Speaking as one who knows the financial burden of DUI (endured two via ex-husband)I have absolutely no sympathy for vehicle confiscation cry-babies.If you dont learn the first time DUI that anything less than $1500.00 minimum legal cost, is a better choice(taxi-hotel-designated driver)you are way too ignorant to drive on the same roads the rest of us drive.Ask a few convicted DUI vehicular manslaghter convicts if they would rather their vehicle had been confiscated before they killed that innocent stranger.

Have a nice day, and call a cab or a friend!

45 posted on 07/23/2002 5:54:34 PM PDT by sarasmom
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To: sarasmom
manslaghter-manslaughter

I am not driving!

46 posted on 07/23/2002 6:00:11 PM PDT by sarasmom
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To: chitownman
Top Ten Ways To Get Home If Your $hit-Faced And The Big Bad Gov'mnt Has Taken Your Car Away From You Because You Have Been Caught Driving $hit-Faced Several Times In The Past But Have Decided That "They Don't Mean Me" And Go Ahead And Drive $hit-Faced Anyway.

10. Taxi

9. Bus

8. Elevated Train (appropriate for those in Chicago, but don't try this in most other cities)

7. Make sure you have a designated driver

6. Call a friend

5. Call an enemy (Mother-in-Law)

4. Hitch Hike

3. Walk (Stagger)

2. Crawl

And The Number One Way To Get Home If Your $hit-Faced And The Big Bad Gov'mnt Has Taken Your Car Away From You Because You Have Been Caught Driving $hit-Faced Several Times In The Past But Have Decided That "They Don't Mean Me" And Go Ahead And Drive $hit-Faced Anyway.

(drum roll)

1. Become an America West Pilot
47 posted on 07/23/2002 6:04:31 PM PDT by crusher999
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To: Lockbox
and what would be the punishment for rape?

In part, after prison, lifelong(?) registration, community notification and in some locales self-identification. None of which apply to the repeat DUI offender.

In a case just a few miles from here a woman who had numerous DUI convictions, drunk again, plowed into and killed a woman out on an evening stroll with her husband along the roadway. Perhaps her prior punishments were't stiff enough.

48 posted on 07/23/2002 6:06:13 PM PDT by Eala
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To: another cricket
The frightening thing that I see here is the confiscation of property for a suspended license, apparently irrespective of the cause of suspension.

If you live in the great State of New Jersey, you'll surely be aware of the Division of Motor Vehicle's (DMV) inability to perform basic tasks properly. For example, about ten years ago, my wife was involved in a very minor fender bender in a neigboring community. While she and the other driver were inspecting the cars for damage, a police officer came by and made out a report (no damage was done, nor were any insurance claims filed)

Four months later, I get a notice from the DMV that my license is now suspended for failing to respond to their previous notice (which we never received). It seems that the officer, in filling out the report, transposed the insurance company code on my Proof of Insurance Card, and when the reports went through, the company code he used showed that they did not have a policy with that number, so the DMV suspended my license for having a vehicle without insurance.

To make a long story short (too late), I called the police department and the Sergeant and I figured out what happened in less than two minutes. All he needed to do was to make a copy of my insurance card to clear it up, but.....sheesh, officer, how do I bring you my card, the state says my license is revoked?

Anyway, I drove up there and straightened it out, but since my license was technically suspended, I could have lost my car because of an error in processing....Draconian penalties must be reserved for specific offenses, those which are potentially injuroius to the general public.

49 posted on 07/23/2002 6:07:23 PM PDT by par4
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To: par4
Draconian penalties must be reserved for specific offenses, those which are potentially injuroius to the general public.

Here are some facts to chew on. A 1990 study completed by the Department of Motor Vehicles revealed that 65% of all suspended license drivers and 71% of all revoked drivers were likely to continue driving during the suspension/revocation period.

"14% of all intoxicated drivers in fatal crashes have a current suspended or revoked license." National Traffic Safety Administration.

A recent study commissioned by the AAA Foundation for Traffic Safety found that 8,400 people die each year in accidents involving drivers illegally operating vehicles.

Just what do you consider "potentially injuryious to the general public?"

8,400. That is a lot of dead general public. As for your case, maybe you should have let your wife drive you up there, hmmm?

a.cricket

50 posted on 07/23/2002 6:49:47 PM PDT by another cricket
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To: par4
On topic, there are no scientific tests that .08 is unsafe. They just pull this number out of thin air. The number of cases thrown out of court in these DUI's in something like 75%. The .05-.08 case should be a loser pays court costs arrest...that would keep bogus arrests of honest citizens out of the courts. Cops get paid overtime to be in court during regular hours, get bonuses toward promotions for each arrest (not conviction), there's money spread all around. They make judgement calls on the scene in which one way they make twice as much money, one way they don't. They get paid win or lose.

I think we should pass a law tomorrow requiring the politicians who passed this law have an IQ of 130 or we recind the law. Just an arbitrary figure, seems reasonable. We don't need any science tests here.

I drive 30,000 miles a year, I have to drive defensive all day to avoid idiots not paying attention, cell phone moms in suburbans turning around yelling at kids while swerving across 2 lanes, seniors in permanent daze going 35 on the highway. I'll take a woman driving home from a work happy hour with 2 glasses of wine in her anyday of the week over the nonsense I see. Normal social behavior is not criminal. .15 BAC level is criminal.

51 posted on 07/23/2002 6:54:32 PM PDT by T. Jefferson
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To: chitownman
Property rights will be the last to go. But so soon?
52 posted on 07/23/2002 6:56:44 PM PDT by ForOurFuture
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To: phil1750
My husband's father was killed by a drunk driver leaving 7 children without a Dad and an inpoverished stepmom. The driver had no insurance. They never do.

My grandaughter was almost killed by a drunk driver putting her in the hospital for 6 weeks.

A friend's 21 year old son was killed by a drunk driver. No insurance again.

My son was picked up for drunk driving and he never drove again when drinking. And he was an alcoholic who died from it (and cancer) at 37. His taxi bill was pretty high, but he did not drive.

I don't think confiscating vehicles will solve the problem but it sure can't hurt.

53 posted on 07/23/2002 7:10:54 PM PDT by wingnuts'nbolts
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To: chitownman
"Any sane person knows this limit is too low to be charged with what amounts to be a serious crime. "

I beg to differ....The problem I have with any DUI law is that the number are arbitrary....Personally, I feel that anyone who gets behind the wheel and is in ANY way impared, through alcohol, illegal drugs, or LEGAL prescriptions should get a major tail whipping.

Unfortuantly, not everyone has the same tolerance for alcohol. Back when my wife and I use to imbibe, I would not trust her to drive after one wine cooler, even two hours later. That would register far below the legal limit within 30 minutes, yet she was completely unsafe.

On the other hand, I have known quite a few who were fairly serious drinkers who were not impared at FAR higher levels of alcohol.

Now, as far as folks who do drive impared, get their license revoked/suspended (correct action), but get caught still driving their vehicles - take that car away. Of course, I realize that someone with money will just go buy another, but that's beside the point. If taking the car doesn't teach them, lock them up for a while.

Now, if a friend borrows my truck for a legitimate purpose, but decides to have a few beers and gets caught - he's going to answer to more than just the law!

And there is no way I am loaning my truck to anyone with a suspended or revoked license....period.

Sure every law has potential for abuse - just look at the IRS and drug laws. But I also see the need to do SOMETHING to get these idiots off the road. Do you offer a better plan? One that will fix the problem, but not "hurt the innocent"? I am certain we would all like to hear it.
54 posted on 07/23/2002 8:07:11 PM PDT by TheBattman
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To: wingnuts'nbolts
I am really sorry to hear about you and your families unfortunate encounters with drunk drivers. Now let's discuss what you said.

"I don't think confiscating vehicles will solve the problem but it sure can't hurt."

Part of your sentence is correct - "I don't think confiscating vehicles will solve the problem"

But the other part is way off - "it sure can't hurt"

It can and will hurt innocent victims who have been accused of a DUI who were clearly safe to drive. Their vehicle is confiscated in the process. Violation of property rights protected by the constitution and profit to the state are the results of this law. This law also applies to the "social drinker" who has not caused any harm to anyone, but is caught under the gray area of the law. This persons life is ruined under the current set of laws with fines, penalties, a criminal record and now seizure of personal property.


True drunk drivers deserve harsh punishment. "Social drinkers" do NOT!
55 posted on 07/23/2002 8:11:38 PM PDT by chitownman
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To: TheBattman
Post 54 by T Jefferson addresses some of issues relating to the innocent getting caught in the web. In addition preventitive measures such as a handy brethalyzer test before one drive's a car will give the driver a good guage of where he/she stands on the intoxication scale, if the breathalyzer is an accurate instrument to measure Blood Alcohol Content.

I'm just curious as to why the govt is not promoting this method? That is because the brethalyzer is an inaccurate instrument to guage alcohol level in a persons body. But the govt uses it anywayz. Why? It is an easy/convenient way to convict someone.

Another simple method is to videotape every DUI stop and make the roadside tests standard for the state, instead of arbitrarily letting any jurisdiction decide for itself.

By setting fair standards and videotaping the defendent, the jury will be able to make a more informed decision about the driver's condition than taking the word of the arresting officer and an inaccurate reading by a breathalyzer.
56 posted on 07/23/2002 8:34:20 PM PDT by chitownman
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To: chitownman
I am hurt!

Why respond to #55, and not my #45 ?

Give up your vehicle now! If you truly do not understand the "public will" in this matter, you would be well advised to barricade yourself into your own safe "space" and protect us all from your illogical choices.

But OTOH, give it a few months, and the "public" will enjoy the target practice amid those who enjoy this society, and those who dont....

57 posted on 07/23/2002 9:04:53 PM PDT by sarasmom
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To: T. Jefferson
On topic, there are no scientific tests that .08 is unsafe

Several years ago, my ex-wife's employer put on a drunk driving awareness class for employees and their families. The DWI limit at that time was .10.

Forty people, women and men, all of whom thought they could drink and drive, were given an obstacle course to run in their cars. It was an average suburban street, kids playing ball, etc. All forty people passed the test. From 90lb women to 250lb men, no one failed. After two mixed drinks, or two bottles of beer, your choice, in one hour, ALL FAILED!! EVERY ONE!

The tests were real world tests, kid chasing a ball, car backing out, etc. All were BELOW the legal limit. They could not have been charged at the time.

From that day, until I quit drinking entirely, I decided a taxi was cheap insurance. Just start out in a taxi, while you are thinking with an un-impaired brain. This frees you up from even worrying about where your car is the next day. It's right there in your driveway.

BTW This may not be a scientific test, but, ALL FORTY PEOPLE FAILED,That was good enough for me.

58 posted on 07/23/2002 9:17:47 PM PDT by snowtigger
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To: chitownman
In this state, and I assume others, you can demand a blood alcohol test. This means a trip to the hospital where they take a blood sample, and do a serum alcohol test. This is the best test of blood alcohol level. If you are too impaired to demand this, you are obviously too drunk to drive. BTW This state also videotapes ALL arrests, as well as all traffic stops.
59 posted on 07/23/2002 9:26:10 PM PDT by snowtigger
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To: SouthernFreebird
After seeing a friend of mine bury his wife and 3yr old daughter who were mowed down by a drunk one Sunday morning on their way to church, I say take the damn cars.

That's awful. I hope your friend has been able to find some peace. As for me, I was lucky - I lost only part of my left knee to a drunk driver. The rest of my friends in the car we were in were killed, and the drunk walked away without a scratch.

And I agree with you - take the damned cars.

60 posted on 07/23/2002 9:28:59 PM PDT by strela
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