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The Beginning
Vehicle
forfeiture in the New York metro area began in February, 1999 when New
York City began its
Vehicle Forfeiture Initiative which was based on a section of the New York City
Administrative Code (NYC Adm. Code
§14-140)
that provided for forfeiture of the proceeds from the instrumentalities (here,
the vehicle) used to
commit a crime. The N.Y.P.D. found a new use for this already existing law with the Initiative. Prior to DWI offenses, the N.Y.P.D. successfully
used vehicle forfeiture actions to address many crimes and quality of life
problems such as drugs, prostitution, and stolen property. Nassau County
Executive, Thomas Gulotta, was quick to seize upon the initiative begun by
the Counties to the west but, instead of utilizing existing legislation, the
County drafted a new law intended to mimic what the City had done. Nassau's law
was one of the Nation's toughest but was
found to be unconstitutional in
March, 2003, with that decision upheld by New York's highest Court, the Court of
Appeals, in November, 2003. The County had taken about 1,500 cars that law and
had to return them to their owners,
not always in the same condition in which they had bee taken. Nassau
re-drafted the law in an attempt to create legislation that would withstand
judicial scrutiny and which will allow the continuation of its seizure policy.
Nassau County's Vehicle Forfeiture Legislation
On March 8,
2004 Nassau County heralded the passage of the present law with the issuance the
following Press Release:
Mineola, NY-In a unanimous vote, Nassau County Presiding Officer Judy
Jacobs (D-Woodbury) and Majority Democrat today approved a revised drunk
driving car seizure law that will require hearings in all cases.
The seizure law, which
had been approved in 1999, allowed the county to seize vehicles of those
individuals arrested for drunk driving.
The original law was
thrown out by the state appellate court when it was deemed unconstitutional
because it was too vague and did not give those arrested sufficient notice
of what offending conduct would result in the loss of their car.
The new amendments to
the law will provide each driver, whose vehicle is to be retained by the
county, with a prompt hearing before a neutral hearing officer. In cases
where there has been no prior offense, the vehicle will not be retained
pending the outcome of a forfeiture proceeding. If a driver has a prior
conviction for an alcohol-related offense, the vehicle can be retained.
If an owner has been
convicted and the car has been seized, that owner also has the right to
petition the court for a “hardship” exemption. The law also contains an
“innocent owner” provision that provides a defense to owners who were not
the operators of the vehicle.
“If you are driving
drunk tonight in Nassau County, New York your car will be suspect to
forfeiture,” said Jacobs. “The principal goal of the legislation was always
to deter drivers from driving drunk or impaired and with these new
amendments we can continue towards that goal.”
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The zeal evidenced by this Press
Release continues to be reflected in the manner in which this legislation is
used by the County. Actions are commenced and continued despite
circumstances which give a clear indication that valid
defenses exist to the forfeiture. The County
appears to view this as an extension of the punishment despite the limitation
contained in the very statute they seek to enforce.
If you have been arrested for a
DWI, the car has been seized or is subject to seizure. It is imperative to retain
counsel, in the jurisdiction of the arrest/seizure, experienced in
this highly specialized area of the law. Many DWI cases are plea-bargained
resulting in reduced charges and fines. However, even a conviction to a reduced
charge can negatively impact the civil forfeiture of the vehicle that was driven
at the time of the arrest. Also, the mere fact that you have pled guilty does
not mean that the vehicle you were driving can lawfully be taken.
We offer free
consultations. Forfeiture is avoidable.
Keith, Shapiro & Ford
666 Old Country Road,
Garden City, New York
516-222-0200
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