Chicago DUI attorney comments on the uptick in vehicle seizures

This Chicago DUI attorney has posted here and here about car forfeiture as it relates to being charged with a DUI or driving while your license is suspended or revoked.  Asset forfeiture law has some very specific steps one must take to get your property back, even if you weren’t the one accused of the wrongdoing that triggered the seizure of the property in the first place.

May 6, Aurora, Il

On Jan. 24, 2008, while driving his mom's car, Anthony Rodriguez was stopped by Montgomery police. Court records show at the time of the stop, Anthony's license was suspended, so he was arrested.

It was a fairly routine traffic stop with significant consequences: For Anthony, it inconvenienced his mom. For the rest of the state, it could change the way police do their job.

Because the 2004 Mazda 3 was used in the commission of a crime — driving on a suspended license — police towed it and started the process to seize it.

Anthony's mom, Diana Rodriguez, called police. She needed her car. According to court records, officers informed her they had begun Article 36 proceedings.

Though Article 36 has been on the books for 15 years, police departments have recently begun using it more often. It allows police to take possession of cars used in crimes.

Cops say it's one of the few punishments that really gets through to the bad guys. It's also a source of revenue: Police departments routinely sell the cars or use them in the undercover fleet.

As Rodriguez found out, Article 36 doesn't require a speedy hearing. And the burden of proof is on the owner to prove the car wasn't involved in a crime.

The burden is placed on the owner of the vehicle to know who has your car and what the consequences of them driving your car could be.  The process is indeed slow and may well be unconstitutional, but that will require an awful lot of time to litigate.