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FOR IMMEDIATE RELEASE: October 19,
2009

Contact: Tara L. Martin | TaraM@westchesterlegislators.com
| 914-995-2016 (office) | 914-380-0931 (cell)

 

 

Westchester Legislators Pass
Landmark DWI Vehicle Forfeiture Law

 

(White Plains, NY)
~  The
Westchester County Board of Legislators has approved landmark legislation that would
require the forfeiture of vehicles for those convicted of operating a vehicle
while under the influence of alcohol or drugs or while engaged in unlawful
speed contests or drag races throughout Westchester County. 

 

“This is a historic action for
this Legislature.  Tonight, the Board took an important step to ensure
public safety and protect our residents from drunk drivers,” said Board
Chairman William J. Ryan (D, WFP-White Plains).  “I want to
congratulate my colleagues on this victory, which will save lives in the
future. The prospect of forfeiting one’s car, often an expensive material
possession, will cause people to think twice before getting drunk and getting
behind the wheel.”  Having worked for over a year in a bipartisan effort,
this legislation comes for a vote on the heels on the tragic deaths of members
of the Bastardi and Schuler families on the Taconic State Parkway in July, along with
recent spark in DWI/DUI-related accidents within the county. 

 

“The passage of the bill is a
major victory for Westchester County and one that will resonate throughout the
region, as counties and municipalities aggressively pursue drunk drivers in an
effort to make their streets safer," said Legislator Peter Harckham (D, I,
WFP-Katonah), the author of this landmark legislation.  “It's also
important for residents to realize that if you're caught driving drunk, you
risk taking a life or losing your own. The County Board
has found that while larger fines, longer license suspensions, and increased
jail sentences may deter some offenders, a stronger deterrent is necessary to
protect the public.” According to the National Transportation Safety
Board, civil forfeiture of motor vehicles laws serve as a deterrent to
recidivism may reduce first-time offenses and will send a stern message that
driving while under the influence of alcohol and/or drugs and drag racing will
not be tolerated in Westchester
County. 

 

“Our committees have worked
together in a bipartisan effort for over a year and have added several
constitutional protections for due process,” said the Board’s
Committee on Legislation Chairman William Burton (D,WFP-Ossining). 
“This bill has been modeled after legislation that is in place in Nassau and Suffolk
counties, both have proven to be effective in those localities.”  In
an effort to combat drunk driving and reduce the number of driving while
intoxicated (“DWI”) and driving under the influence
(“DUI”)-related accidents and fatalities, the proposed legislation
would call for Westchester
County law enforcement to
begin confiscating the vehicles of intoxicated drivers arrested for DWI or
DUI.  When an individual is arrested for DWI or DUI, the County would
apply civil forfeiture proceedings against the vehicle, which is considered the
instrument of a crime, and the car is immediately impounded.  Currently,
twenty states permit the confiscation of vehicles for DWI or DUI offenses, with
New York City, Nassau and Suffolk counties, specifically within New York State,
with most being second offenses or more.

 

Details of the legislation include:

 

·       
Contains an “innocent
owner” affirmative defense, which is intended to stop forfeiture of a
vehicle when the owner did not have actual knowledge that the vehicle would be
used in violation

 

·       
Authorizes the County Attorney
to commence civil actions for forfeiture of vehicles when operated by a person
who is under the influence of alcohol or drugs or found to be participating in
drag racing and is arrested by any
Westchester County police officers on county roads

 

·       
Contains a provision which
expressly permit lessors and lien holders of vehicles to recover such vehicles
if seized by the county

 

·       
Contains a “hardship
relief” provision, allowing relief from forfeiture, in cases in which the
defendant can establish that such forfeiture would impose substantial and
unwarranted burdens on the defendant’s ability to travel to employment,
school or medical treatment.  Such hardship relief could be subject to
terms and conditions, including installation of an ignition interlock device in
the vehicle. 

 

Within the last
four years, Westchester
County has seen a steady
increase in DWI or DUI arrests.  According to the New York State Division
of Criminal Justice Services, adult arrests in Westchester County
for felony and misdemeanor offenses rose from 2,337 in 2002 to 2,650 in
2007.  The Westchester County Department of Probation reports that DWI and
DUI cases represent the largest percentage of their total cases – 23
percent.  Additionally, 17,000 people nationally die each year in
alcohol-related accidents, with 80 percent of which involve recidivist drunk
drivers.  “Over eighty percent of DWI and DUI arrests are first-time
offenders and, therefore, forfeiture of their vehicles will severely cut down
on this danger," states the Board’s Public Safety Committee Chairman
Legislator Vito Pinto (D,WFP-Tuckahoe).  “Drunk driving is a deadly
and serious crime.  This legislation sends a clear message to repeat
offenders – driving drunk will not be tolerated in Westchester County.”

 

Legislator Harckham’s YouTube video on DWI vehicle
forfeiture: http://www.youtube.com/watch?v=U_gnxBFOZUk

 

 

*** AVAILABLE FOR PHOTO, AUDIO OPP AND ON-CAMERA
INTERVIEWS ***

 

YES
(in favor of approval)

NO
(not in favor of approval)

Alvarado, Jose

Abinanti, Thomas

Bronz, Lois

Burrows, Gordon

Burton, William

Nonna, John

Harckham, Peter

Williams, Lyndon

Jenkins, Kenneth

 

Kaplowitz, Michael

 

Myers, Judith

 

Maisano, James

 

Oros, George

 

Pinto, Vito

 

Ryan, William

 

Spreckman, Bernice

 

 

 

# # #

 

 

Additional
news and video available at www.westchesterlegislators.com/mediacenter

                                                                       

_______________________________________

Tara L. Martin, Press Secretary

Westchester County
Board of Legislators
148 Martine
Avenue, 8th Floor
White Plains, NY  10601

Ofc: (914)
995-2016                

Fax: (914) 995-3884

Cell: (914) 380-0931

Email: TaraM@westchesterlegislators.com

 

 

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