There are at least three counties in the State of New York that have enacted laws or implemented polices allowing for the seizure and forfeiture of privately-owned automobiles upon arrest for a Driving While Intoxicated (DWI) offense. In some counties, vehicle seizures are made upon a defendant's first arrest for DWI. In every county, seizure of a defendant's vehicle precedes an adjudication of guilt. As a result, important constitutional issues have arisen.
COMPARISON OF LAWS IN THREE NEW YORK COUNTIES
The first of the three policies, placed into effect on February 20, 1999, governs the County of New York, which consists of the Borough of Manhattan. The forfeiture policy is not a separate law written specifically for DWI, but is an application of the Property Clerk Forfeiture Law that permits vehicles operated by individuals that are arrested to be seized as instrumentalities in the commission of a crime.
Since no legislation exists specific to vehicle forfeiture for the offense of DWI, the policy's application and effect is being analyzed and reported in the mass media as individual cases accumulate. If a driver is ultimately convicted, their car is auctioned; but even if they're acquitted, the vehicle still may not be returned, since defendants are required to appear in civil court and prove that they deserve to have their vehicles back.
ABecause forfeiture is a civil proceeding with a lesser burden of proof, defendants could lose their cars even if they are found not guilty on the drunk-driving charge." Apparently, authorities will, however, return the vehicle if the driver is not the owner, or is found to be only "impaired" versus "intoxicated."
Further, the New York County policy is effective for first time DWI cases. At least one other New York State county -- Nassau -- also enforces the policy in this manner.
The County of Nassau may commence a civil action for forfeiture to the County of Nassau of the ...