E-mail Story
Print Friendly
Tuesday, May 17, 2005
Judge: Delay DWI Seizures
Jeff Proctor
Journal Staff Writer
Albuquerque officials will not be allowed to enforce a recently enacted law that allows police to seize the vehicles of motorists arrested for the first time on suspicion of drunken driving — at least until August.
District Court Judge Theresa Baca Tuesday morning stipulated that the measure will not be enforced while city officials and the American Civil Liberties Union of New Mexico, which had filed for an immediate injunction on the law, prepare to present the case on its merits.
The case is scheduled to go back to District Court in mid-August.
Paul Kennedy, who argued the case for the ACLU, called Baca's stipulation "a huge victory for the citizens of Albuquerque."
"The city seems extraordinarily adept at passing poorly crafted ordinances, and this is just another classic example of mismanagement from the top," Kennedy said.
Kennedy argued the law lacks due process, specifically that a motorist's vehicle is seized before conviction. He also said it doesn't make clear which suspects will have their cars seized and which will be allowed to enter into an alternative agreement.
The law states that a suspect can contest a seizure with a city hearing officer, or enter into an agreement whereby an immobilizing "boot" is placed on the vehicle for 30 days. To get the boot off, offenders must agree to have an ignition interlock placed on the vehicle for six months or a year.
Assistant City Attorney Stan Harada, who oversees the vehicle seizure program, said he wants the law to be constitutionally sound, and that there is no problem with the language of the ordinance.
"The bottom line is that the majority of people killed by drunk drivers are killed by drunk drivers who have never been convicted before," he said. "We are trying to prevent a clear and present danger.
In the coming weeks, the city will file a summary judgment motion laying out its case. The ACLU is seeking a permanent injunction to stop the law.