In U.S. First, NYC To Seize Cars Of DWI Suspects

["Stephen Gutknecht (vw)" <VW@i405.com>]

Hey, you LOOKED like you might be DWI.

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In U.S. First, NYC To Seize Cars Of DWI Suspects 
February 21, 1999 2:28 PM EST

NEW YORK (Reuters) - Starting just after midnight Sunday, New York will
become the first city in the United States to seize vehicles on the spot of
drivers suspected of drunken driving, including first-time offenders, city
officials said.

Under the new policy, if a suspect is convicted on charges of driving while
intoxicated (DWI), the vehicle will be auctioned off by the police
department. If the suspect is acquitted, the car will likely be returned,
but city attorneys would have the ability to keep the car through a civil
action.

Twenty-two states allow municipal officials to seize the cars of drunken
drivers, but almost all of those involve repeat offenders. No city uses its
own laws as a basis for car seizures for drunken driving charges.

The weekend announcement by Republican Mayor Rudolph Giuliani and Police
Commissioner Howard Safir brought immediate complaints from civil liberties
groups, which vowed to fight the new policy in court. They say the measures
are excessive and could punish the innocent by taking away a family car.

Giuliani said the program extended a city forfeiture law so that it
resembles federal laws that allow law enforcement agencies to seize property
considered to have been used to commit crimes. Current city law allows
police to seize cars used to solicit prostitutes or carry illegal drugs.

``It is legal, constitutional and a fair balance of the rights of
individuals as against the right to protect society against drunk driving
and the impact that that can have,'' said Giuliani, who first floated the
plan a month ago and believes it will withstand court challenges.

New York law calls for DWI charges to be filed when a driver's blood alcohol
level is measured at 0.10 percent or higher.