Tuesday, September 14, 2010

Chicago DUI attorney sees another nail in the coffin of property owners

This Chicago DUI attorney has posted here, here, and here about forfeiture.

Forfeiture means you give up your property based on a crime.  Most of the time we think about drug dealers losing big fancy homes or cars when we think about the government taking property but did you know you could lose your car for driving while your license is revoked?

From People of the State of Illinois vs. One 1998 Lexus GS 300, No.  1-09-0444:
 
Claimant first contends on appeal that discretionary
language and terms such as "subject to seizure and forfeiture"
found in subsection (g) of section 6-303 of the Vehicle Code
require trial courts to consider mitigating evidence prior to
awarding forfeiture of a subject vehicle. Claimant maintains
that the legislative intent behind the vehicle forfeiture
statutes is aimed at drivers who fail to stop using alcohol or
controlled drugs or drivers who fail to stop committing crimes
while under the influence of these substances.
Claimant argues that the necessary nexus for a valid
forfeiture is an alcohol- or drug-impaired driver, driving on a
revoked license. In this regard, claimant contends that in
awarding forfeiture of his vehicle, the trial court erroneously
ignored mitigating evidence of his alcohol rehabilitation and
evidence that he was not driving under the influence of alcohol
when he was stopped and arrested. Claimant also contends the
trial court failed to consider that he had completed the
statutory requirements both in Illinois and Georgia to have his
license reinstated. We must reject claimant's contentions.

The court goes on to reject claimant’s argument that the forfeiture of his vehicle violates the Eighth Amendment which prohibits cruel and/or excessive punishment both via fines or imprisonment.

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973

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Comments are welcome but please do not leave personal information or specific legal questions in the comment field. If you need legal assistance, the best way to get in touch with me is to call my office at 312.944.3973