From - Tue Jan 07 15:31:26 2003 Return-Path: Received: from am3.baremetal.com ([208.184.111.61]) by rwcrgwc55.attbi.com (InterMail vM.4.01.03.37 201-229-121-137-20020806) with ESMTP id <20030107161910.TFLR9981.rwcrgwc55.attbi.com@am3.baremetal.com>; Tue, 7 Jan 2003 16:19:10 +0000 Received: from localhost (mapinc@localhost) by am3.baremetal.com (8.11.6/8.11.6) with SMTP id h07GEub23335; Tue, 7 Jan 2003 08:14:56 -0800 Received: by am3.baremetal.com (bulk_mailer v1.5); Tue, 7 Jan 2003 08:14:50 -0800 Received: (from mapinc@localhost) by am3.baremetal.com (8.11.6/8.11.6) id h07GEoW23046 for fear-list-outgoing@mapinc.org; Tue, 7 Jan 2003 08:14:50 -0800 Message-ID: <200301071018290084.05AF3A2E@smtp.canufly.net> X-Mailer: Calypso Version 3.30.00.00 (4) Date: Tue, 07 Jan 2003 10:18:29 -0600 From: "Leon" To: fear-list@mapinc.org, fear-talk@mapinc.org Subject: FEAR: Challenges Are Invited to DWI Forfeiture Law Mime-Version: 1.0 Content-Type: text/plain; charset="ISO-8859-2" Content-Transfer-Encoding: quoted-printable Sender: owner-fear-list@mapinc.org Reply-To: fear-talk@mapinc.org List-Unsubscribe: Organization: Forfeiture Endangers American Rights http://www.fear.org/ X-Mozilla-Status: 9001 X-Mozilla-Status2: 00000000 X-UIDL: <200301071018290084.05AF3A2E@smtp.canufly.net> [Thanks to Lori for this one. Leon] >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Challenges Are Invited to DWI Forfeiture Law By Leigh Jones New York Law Journal Recent decisions from Nassau County Supreme Court indicate that= constitutional challenges may be making inroads against the county's DWI= vehicle forfeiture law. In three decisions issued this month by Justice Robert Roberto Jr., the= judge invited the parties defending Nassau County's vehicle forfeiture= actions to appeal his rulings in light of a decision by the 2nd U.S.= Circuit Court of Appeals, which in September found a similar New York City= law constitutionally defective. The recent Nassau decisions appear to contrast with Justice Roberto's= earlier rulings that have routinely upheld the county's vehicle forfeiture= law as providing sufficient due process, even for leasing companies whose= vehicles are seized because of the lessee's arrest for driving while= intoxicated or ability impaired. In addition, another decision this month from Justice Roberto referred to a= class-action lawsuit that Ford Motor Credit Co. is considering filing as= an innocent third party defending some of the county's forfeiture actions.= Although the judge's decision denied the possible class action lawsuit as= a basis for granting Ford's request for extensive interrogatories, he= mentioned an argument alleged by Ford's counsel, which asserts the= county's seizure law as applied may be "disparate, unequal and= unconstitutional." Nassau County's DWI vehicle forfeiture law, enacted in 1999 and codified at= =A7 8-7.0 of the Nassau County Code, authorizes the county to seize= vehicles after defendants have either been convicted or pleaded guilty to= driving while intoxicated or driving while ability impaired. The county takes the vehicle upon arrest and files a property action= against the DWI defendant, with written notice of the possible forfeiture= provided at arrest. An order of attachment follows, with the civil= forfeiture action stayed until the criminal case is concluded. Since the law was passed in 1999, many defendants have challenged its= constitutionality in Nassau Supreme Court, but Justice Roberto generally= has sided with the county. Challenges to the law began to appear last= year, when the county hired outside counsel Andrew J. Campanelli of Perry= & Campanelli in Garden City to handle nearly 1,600 backlogged actions. Campanelli said the county seizes about 65 vehicles each month pursuant to= the law. . . . <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< Please go to http://www6.law.com/lawcom/displayid.cfm?statename=3DNY&docnum=3D173491&tabl= e=3Dnews&flag=3Dfull for a continuation of this very important article. Leon Felkins, FEAR Executive Director Send mail to: leon@fear.org ----------------------------------------------------------------------------= ------------- Woe to those who make unjust laws, to those who issue oppressive decrees,= to deprive the poor of their rights and withhold justice from the= oppressed of my people, making widows their prey and robbing the= fatherless. -- Isaiah 10:1-2 ----------------------------------------------------------------------------= ------------------------------------------ ****************************************************** FEAR also offers an unmoderated discussion list and digests for all lists List unsubscribe: mailto:fear-list-request@mapinc.org?Body=unsubscribe Swap to digest: mailto:owner-fear-list@mapinc.org?subject=digest ******************************************************