ALBUQUERQUE, N.M. — Arlene Harjo is getting her car back – but she says she won’t stop moving forward with her lawsuit until the city ends the program that allowed them to take possession of her car nine months ago.
City attorneys said in court filings that they plan to file several different motions to dismiss the case before it gets to trial.
Harjo has filed litigation against the city of Albuquerque seeking to end a city program that allows police to seize vehicles from suspects arrested on suspicion of a second or subsequent felony.
Harjo’s 2014 Nissan Versa was seized when her son was arrested for drunken driving in April. She said she gave her son permission to drive to the gym, but instead he drove to Clovis and was arrested while driving back to the city. Her son had prior drunken driving convictions, the most recent coming in 2009, according to court documents.