NM court rejects challenge to vehicle seizure law

The ACLU needs to go bye-bye! They are nothing but a bunch of trouble makers!

if you hate civil liberties so much then move to iran...you wont be missed

They can't take your guns, so they go after your cars!!!
they'll give you a DIU after Just one ounce
of COUGH SYRUP!!!!!!
COMMIE Ba$t#4ds

I guess the short form of communist is a Bad word?

THIS time, I agree with the ACLU.

NOT BEFORE A CONVICTION!!!!!

You think just because someone is CHARGED with a crime they are automatically GUILTY?

Let's apply the same thinking to running a red light.......you might do it again, you're charged, take your car/truck?

This is NOT Russia!

Maybe the stupid guy's wife might need the car to take the kids to the doctor or to get groceries!
$$$$ FINE yes Or Jail time,
BUT NOT PERSONAL PROPERTY!!!!!!!!!!

Veteran wrote:

Maybe the stupid guy's wife might need the car to take the kids to the doctor or to get groceries!
$$$$ FINE yes Or Jail time,
BUT NOT PERSONAL PROPERTY!!!!!!!!!!

I agree, but regardless they still get impounded.

BIG PICTURE wrote:

<quoted text>
I agree, but regardless they still get impounded.

Your Stereo is too loud, impound it! You are disturbing your neighbors with your BBQ, impound it! You are charged with using too much water, shut off your water service! Your dog barks too much, shoot it! Your house is ugly, tear it down!
You are ugly, shoot you!

they dont punish the repeat offenders enough until they kill someone so they blanket everyone that has a drink, 1 alcohol beverage does no more than give you alcohol breath on most people, I think I get a larger buzz on a glass of strong kool aid than a few beers, I am totally against multiple drinks and then driving but not 1 drink.

The ONLY LAW that the NM Lesgislature has passed in regards to DWI Prevention that works is the one that requires an Ignition Interlock from the First Conviction! That one is working and will continue to do so.

The rest of them, including Albuquerque's Seizure Law are NOT Effective and more than likely in the future will be held Un-Constitional.

Spell check is your friend: "Constitutional"

Yes, taking a vehicle on the first offense is draconian and utterly ridiculous. What if they owe money on it? Then they get a repo and lose their credit which just compounds the problems the drinker had to begin with.
That is not a good form of punishment at all.
Yes, DUI is a problem and they should be punished but addicts need help also or they will just fall deeper into the abyss.

Edmundo is on his computer alot, confiscate it.

Ex Cop wrote:

Edmundo is on his computer alot, confiscate it.

Exactly!

;-)

What this article actually said was that the ACLU did not have grounds to file a lawsuit. It did not have a client. So the first person who has his or her vehicle taken away, can have ACLU to represent them in getting the law repealed.

Ex Cop wrote:

What this article actually said was that the ACLU did not have grounds to file a lawsuit. It did not have a client. So the first person who has his or her vehicle taken away, can have ACLU to represent them in getting the law repealed.

Yep, Correct! And the law will more than likely be repealed.

William wrote:

<quoted text>Think before you drink and drive, if your dumb enough to drive after drinking, you need to lose your car, just think,after 1 drink, you could wipe out a family, so losing your car is nothing !!

You could wipe out a family by being stupid enough to be talking on your cell phone while driving.........confiscate the vehicle and the cell phone!

A lot of good points have been made here. Talking on the cell phone is dangerous, also, and there should be a statewide law banning cell phone use while driving. Eating, shaving, putting on make-up should also be banned.
Yes, one drink can impair driving abilities in some people. I think if you drink and drive, you are taking a big risk. But, having one beer does not impair everyone's abilities. I know of one gentleman who had been pulled over for suspected DUI. He was given a field sobriety test and failed. He was arrested and taken to jail. At the jail he was given a breathalyzer test. He blew a 0.0. He was given it again, since it was 'impossible' for someone in his alleged 'inebriated' condition to blow a 0. He did it again. He told the officers he hadn't been drinking when they pulled him over, they never offered him a breathalyzer test; they judged him prematurely. He was released, but the arrest is on his record until he can get a lawyer to fight it and have it erased.
That is why I think that if someone is pulled over for a suspected DUI, they should be offered a breathalyzer test. If they fail that, or if they refuse, then take their car.

Fed Up in NM wrote:

A lot of good points have been made here. Talking on the cell phone is dangerous, also, and there should be a statewide law banning cell phone use while driving. Eating, shaving, putting on make-up should also be banned.
Yes, one drink can impair driving abilities in some people. I think if you drink and drive, you are taking a big risk. But, having one beer does not impair everyone's abilities. I know of one gentleman who had been pulled over for suspected DUI. He was given a field sobriety test and failed. He was arrested and taken to jail. At the jail he was given a breathalyzer test. He blew a 0.0. He was given it again, since it was 'impossible' for someone in his alleged 'inebriated' condition to blow a 0. He did it again. He told the officers he hadn't been drinking when they pulled him over, they never offered him a breathalyzer test; they judged him prematurely. He was released, but the arrest is on his record until he can get a lawyer to fight it and have it erased.
That is why I think that if someone is pulled over for a suspected DUI, they should be offered a breathalyzer test. If they fail that, or if they refuse, then take their car.

Vehicle being taken away from a first time offender is too drastic. What if I loaned my car to someone and he went to a birthday party, had a drink and got pulled over, they take my car???? Some people can be arrested and blood test will show alcohol from drinking cough syrup NyQuil, vehicle is taken away. This law will get repealed as soon as someone challenges it on appeal. I can see taking REPEAT offenders car away, but not first timers who has not been convicted.

Under that law your friends vehicle would have been taken from him.