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.