Westchester County DWI Forfeiture Law: Adequate Protections for Drivers?
Westchester County has adopted a DWI forfeiture law that allows police to seize the vehicles of anyone convicted of a specified drunk driving offense.

March 17, 2011 /24-7PressRelease/ -- In an automobile-dependent culture, it's a major step to take away someone's car. After all, the mobility that a car provides is a key building block for full participation in society.

Nonetheless, Westchester County has moved forward with a DWI forfeiture law that allows police to seize the vehicles of anyone convicted of a specified drunk driving offense. It took effect on December 15 of last year on county roadways and extends even to first-time offenders.

The law applies to a number of different driving-related offenses, including:
- Driving while intoxicated (DWI)
- Aggravated DWI
- Driving while ability impaired (DWAI)
- Driving while under the influence of drugs (DWAI-Drugs)

The forfeiture law also applies to drag racing and speed contests.

Hard-Fought Back Story to the New Law

No one will deny the harm done by drunk drivers in two recent cases in Westchester County. On 26, 2009, a terrible wrong-way crash claimed the lives of eight people on the Taconic Parkway. Four of the victims were children under eight. The driver of the vehicle going the wrong way, Diane Schuler, had a blood-alcohol level of twice the legal limit, according to accident investigators. She also allegedly smoked marijuana shortly before the crash.

In another egregious incident in 2009, Lori and Kayla Donohue, the wife and 8-year-old daughter of Robert Donahue, were struck and killed by a pickup truck outside the little girl's dance studio in Brewster. The truck was driven by an undocumented alien who was driving drunk and was subsequently convicted of vehicular homicide.

Also in 2009, in New York City, Leandra Rosado, an 11-year-old girl, was killed on the Henry Hudson Parkway when her friend's mother lost control of the car, allegedly under the influence of alcohol. Leandra's death gave impetus to the statewide law passed by the New York Legislature a few months later. That law significantly increases the consequences for drunk driving convictions.

Westchester legislators therefore did not act in a vacuum in passing the forfeiture law. They say they planned carefully and did their due diligence. One legislator, Pete Harckham, even put out a YouTube video, in an attempt to smooth over concerns about the law.

In the video, Harckham asserts that proper protections were built into the law: No forfeiture until conviction; no forfeiture for the cars of innocent owners that were being driven by others; and no forfeiture in cases where that would create an economic hardship for the family.

For many years, DWI forfeiture laws in Suffolk County, Nassau County and other New York counties were the subject of intense litigation -- raising changes about due process and unconstitutional search and seizure. The question is whether, even with careful planning, Westchester County has put protections that will hold up in practice. How a law is written and how it is actually enforced can be two different things. That's where a strong defense attorney comes in, to make sure that the legal protections are honored and implemented.

Making Sure the Protections are Real

It is important to remember that the forfeiture law is not a blank check to law enforcement to seize vehicles. The police cannot do this before the owner has actually been convicted of a driving offense. And they also cannot do it to an "innocent owner" -- someone who had no actual knowledge that his or her vehicle would be used in a drunk driving incident.

Under the "hardship" rule, the forfeiture law also does not apply in cases where the defendant can show an unwarranted burden on the ability to travel to employment, school or medical treatment.

Westchester DWI defense attorneys are preparing to protect their clients' rights in the face of the new forfeiture law. Attorney Mike Greenspan of White Plains is cautioning clients that court dockets in Greenburgh, Yonkers and other high-volume areas may be extra busy. No matter how long the wait, however, it makes sense to have an experienced defense lawyer in your corner.

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