-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- .............................................................. Forwarded from the New Paradigms Project [Not Necessarily Endorsed]: From: Douglas Walker <[EMAIL PROTECTED]> To: Doug Walker <[EMAIL PROTECTED]> Subject: Reckless' Drivers' Cars Be Seized Date: Sunday, January 16, 2000 10:45 AM Whats next? Cars taken for being unwashed. Should 'Reckless' Drivers' Cars Be Seized? New Proposal Slammed as 'Government Extortion' Jan. 14, 2000 By Amy Worden New York City police prepare to tow a car.NEW YORK (APBnews.com) -- Driving recklessly through the streets here could cost motorists their cars under a new policy announced by Mayor Rudolph Giuliani. The policy -- which allows police to seize cars of motorists who commit three hazardous driving violations at the same time or who drive at more than twice the posted speed limit -- might be the first of its kind in the nation. It is similar to the mayor's controversial drunken driving seizure policy, which began last year. Under that policy, people arrested on charges of driving while drunk must forfeit their cars. "If you get arrested for reckless driving to the point where we can charge you with a misdemeanor, we're going to take your automobile from you. And we're going to take your automobile from you because we're entitled to it, and because it'll remind you that this is important. This kills people. It also kills you," Giuliani said in announcing the policy during his annual State of the City speech Thursday. ACLU calls plan unfair, excessive The American Civil Liberties Union (ACLU) described the policy as unfair and excessive and said it would open the city to lawsuits. The former director of the ACLU's police practices project likened it to "government extortion." "The fact that someone is innocent is irrelevant," said John Crew, director of the ACLU's national anti-racial profiling campaign. "It will cost most people more in lawyers' fees than the value of their car. It's not much better than government extortion." The ACLU has filed suit against seizures relating to the drunken driving policy, but it has so far withstood two court challenges. The cases are currently before the State Court of Appeals. Drunken driving deaths, arrests down Since the policy took effect, the number of drunken driving fatalities and the number of arrests have fallen. In 1998, 34 people were killed in drunken driving accidents and 5,959 people were charged with driving while intoxicated. Last year, 23 people died in accidents involving alcohol and 4,910 people were charged with drunken driving. The mayor credits the policy with driving down the accident rate, but at the same time he expressed alarm that the number of overall traffic fatalities has gone up. "DWI is down but traffic fatalities are up," said Matt Higgins, the mayor's deputy press secretary. "[The seizure policy] is a deterrent to drunk drivers, we want it to be a deterrent for everyday drivers." New policy to be enforced next week Police will begin enforcing the new policy next week when officers with video cameras mounted in their cars will be stationed at certain points throughout the city. They will watch for behavior that "unreasonably endangers others," such as speeding, driving too close to another vehicle or weaving in and out of lanes. Reckless drivers will be charged with a misdemeanor, punishable by a fine and up to a year in jail and could lose their cars permanently, police said. Each case proceeds with the criminal charge -- the misdemeanor traffic violation -- and the civil forfeiture action. While the case is being adjudicated, car owners also must petition the city to get their cars back. The department has 20 days to institute the forfeiture procedure and either keep the car or give it back to the owner. If the car is permanently seized by the city, it is auctioned or otherwise disposed of. In 1999, 141 people were charged with reckless driving, a figure that police said likely would rise once the new policy goes into effect. Amy Worden is an APBnews.com staff writer ([EMAIL PROTECTED]) ------------------------------------------------------------------- To subscribe to the Constitutional Patriots Opposing Prohibition send a blank message to [EMAIL PROTECTED] To unsubscribe [EMAIL PROTECTED] Digest Mode is available upon request. 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