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New York seizing cars in drunken driving cases

Cars are stopped at a checkpoint in Greenwich Village, as tough new drunken driving rules take effect in New York  

February 22, 1999
Web posted at: 11:16 a.m. EST (1616 GMT)


In this story:

How the policy works

RELATED STORIES, SITES



NEW YORK (CNN) -- Two suspected drunken drivers are the first to have their cars seized by New York City police under a tough new policy aimed at reducing traffic deaths. New York is the first municipality in the nation to seize the vehicles of motorists arrested for driving while intoxicated.

The New York Civil Liberties Union has attacked the crackdown as excessive and vows to challenge it in court, arguing you can't punish someone without a conviction.

"We agree that drunk driving is a problem, but we believe the city is going about it in the wrong way," said Norman Siegel, the group's executive director.

Other critics worry that the seizures will hurt other family members who might depend on the car.

Mayor Rudolph Giuliani, who ordered the new policy, said he is confident his Zero Tolerance Drinking and Driving Initiative will hold up in court. He calls it a "very, very useful way" of lowering the number of traffic fatalities on city roads.

How the policy works

Under New York City's new drunken driving policy:

  • Motorists with a blood alcohol level of .10 percent -- the legal limit -- or higher will have their vehicles seized on the spot.

  • While the motorist faces prosecution in criminal court, the vehicle seizure will be part of a separate proceeding in civil court under state forfeiture laws.

  • Because civil proceedings require only a preponderance of evidence for guilt -- rather than guilt beyond a reasonable doubt -- motorists acquitted of drunken driving in criminal court may still lose their cars in civil court.

  • Vehicles belonging to banks or car rental agencies can be returned but the businesses will be responsible for paying storage fees.

  • The vehicles of motorists arrested on the lesser charge of driving while impaired -- with a blood alcohol level of .06 to .09 percent -- will not be seized.

    The first two people to have their cars seized and impounded were:

  • Pavel Grinberg, 28, a Staten Island resident who failed a breathalyzer test in Brooklyn. He was driving a 1988 Acura.

  • Winston Rambharack, 26, a Queens resident who police say was driving erratically. He was driving a 1984 Honda.

    If convicted, their cars could be forfeited and eventually sold at auction.

    The Associated Press contributed to this report.


    RELATED STORIES:
    New York City to start seizing cars of drunken drivers
    January 22, 1999
    14 arrested for driving to DUI meetings with revoked licenses
    April 18, 1998
    White House To Announce Grants To Combat Youth Drunken Driving
    April1, 1998
    Clinton Endorses Uniform Drunken Driving Limit
    March 3, 1998

    RELATED SITES:
    DUI Information for the Arrested
    Survive Your DUI (Drunk Driving Charges)
    Washington State Certified Chemical Dependence Treatment Services
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