Sunday, September 7th, 2008

DUIs could result in seized vehicles

A Los Angeles city councilman initiated in March the process of creating a law directing police to seize and auction the vehicles of people arrested for driving drunk.

The motion immediately gained national media attention and the endorsement of prominent local public figures, including Los Angeles Police Chief Willliam Bratton, Los Angeles City Attorney Rocky Delgadillo and several Los Angeles city councilmembers.

But the proposal drew sharp criticism from some legal professionals who said the law could deprive people of their constitutional right to property.

Councilmember Greig Smith, who submitted the motion, cited DUI-related deaths and accidents in a press release as support for the motion, which he hopes will reduce the number of DUIs.

The law would apply to areas within the jurisdiction of the L.A. Police Department, namely, Los Angeles streets. People arrested on highways by the California Highway Patrol would still be processed according to state laws.

Villarreal said if passed, the ordinance could deter people from driving after having too much to drink.

Under current California law, a person arrested for drunk driving will face jail time, fines and license suspension.

Though DUI-related accidents have declined in Los Angeles in recent years due to stricter penalties, more needs to be done, said Mitch Englander, a spokesman for Smith.

Englander added that people do not think about the consequences of drunk driving while intoxicated, but if those consequences included losing their vehicles, people would plan to get a ride or find a designated driver before drinking.

Tina Pasco, a spokeswoman for Mothers Against Drunk Drivers, compared a vehicle driven by someone under the influence to a weapon used in a crime.

“You don’t return a loaded weapon to someone after they had been arrested,” Pasco said. “It’s no different with a vehicle, because that vehicle becomes a weapon when you drive it under the influence.”

“People make choices to be responsible, and when people make choices to be irresponsible, there are consequences that come with that choice,” Pasco added.

In a press release, Smith said the law could save lives and prevent repeat drunk driving offenses, and called drunk driving the nation’s most frequent violent crime.

The ordinance would allow for the seizure of vehicles whether or not the intoxicated driver was the owner, something proponents say would make parents think twice about letting their children drive.

If the council passes the motion, Los Angeles would become the first major city to seize and auction the vehicles of drivers under the influence of alcohol, possibly setting a precedent other cities around the country would follow.

The motion, if passed, may also pave the way for a similar law targeting drivers under the influence of drugs other than alcohol.

The motion mentions the use of alcohol and drugs, but only proposes laws for the seizure of alcohol-related DUI-offenders’ vehicles.

About 1.4 million people were arrested in 2001 for driving while intoxicated by alcohol or drugs, accounting for one out of every 137 drivers in the United States.

The university police department has arrested between 45 and 118 people each year since 1997 for drunk driving, according to its Web site.

Though the motion has several hurdles it must clear before returning to the council for a final vote – a process which can take a few weeks or a few years – Smith expects it to pass, Englander said.

The council recently approved another measure aimed at drunk drivers.

On April 5, the City of Los Angeles adopted a citywide task force targeting repeat DUI offenders through stricter monitoring of the terms of paroles, surveying those with previous drunk driving convictions, and conducting traffic stops and sobriety tests.