Have we abandoned the principle of Innocent until prove Guilty?

[Not Ruth]

30. DWI

http://www.dwiguy.com/dwi-forfeiture-law/

In 1999, New York Mayor Rudolph Giuliani introduced a new automobile forfeiture policy that allowed the state to take the vehicles of those charged with drunk driving for the first time. Under this policy, DWI offenders can lose their cars even if they are found not guilty on the drunk-driving charge. This is because the forfeiture is a civil proceeding with a lesser burden of proof. The New York forfeiture policy is based on a city law (NYC Adm. Code 14-140) allowing police to impound and impose forfeiture of property used as an instrumentality in the commission of a crime.

Under the statute, the city of New York can seize a motor vehicle following an arrest for DWI or any other crime for which the vehicle could serve as an instrumentality. A defendant charged with DWI does not have a right to a post-arrest hearing to determine whether probable cause existed either for the drivers arrest or for the seizure of the vehicle. Under the statute, the DWI offender is not allowed the opportunity for a prompt post-seizure hearing to test probable cause for the seizure. Under present New York law, a challenge to the seizure and retention of the vehicle can not be made until the city of New York seeks the vehicle’s forfeiture in a separate civil proceeding, which might take place months or even years after the seizure. If a DWI offender makes a demand for the return of their vehicle, the city of New York has 20 days to either initiate a civil forfeiture or release the vehicle.