A Los Angeles city councilman initiated in March the process of
creating a law directing police to seize and auction the vehicles
of people arrested for driving drunk.
The motion immediately gained national media attention and the
endorsement of prominent local public figures, including Los
Angeles Police Chief Willliam Bratton, Los Angeles City Attorney
Rocky Delgadillo and several Los Angeles city councilmembers.
But the proposal drew sharp criticism from some legal
professionals who said the law could deprive people of their
constitutional right to property.
Councilmember Greig Smith, who submitted the motion, cited
DUI-related deaths and accidents in a press release as support for
the motion, which he hopes will reduce the number of DUIs.
The law would apply to areas within the jurisdiction of the L.A.
Police Department, namely, Los Angeles streets. People arrested on
highways by the California Highway Patrol would still be processed
according to state laws.
Villarreal said if passed, the ordinance could deter people from
driving after having too much to drink.
Under current California law, a person arrested for drunk
driving will face jail time, fines and license suspension.
Though DUI-related accidents have declined in Los Angeles in
recent years due to stricter penalties, more needs to be done, said
Mitch Englander, a spokesman for Smith.
Englander added that people do not think about the consequences
of drunk driving while intoxicated, but if those consequences
included losing their vehicles, people would plan to get a ride or
find a designated driver before drinking.
Tina Pasco, a spokeswoman for Mothers Against Drunk Drivers,
compared a vehicle driven by someone under the influence to a
weapon used in a crime.
“You don’t return a loaded weapon to someone after
they had been arrested,” Pasco said. “It’s no
different with a vehicle, because that vehicle becomes a weapon
when you drive it under the influence.”
“People make choices to be responsible, and when people
make choices to be irresponsible, there are consequences that come
with that choice,” Pasco added.
In a press release, Smith said the law could save lives and
prevent repeat drunk driving offenses, and called drunk driving the
nation’s most frequent violent crime.
The ordinance would allow for the seizure of vehicles whether or
not the intoxicated driver was the owner, something proponents say
would make parents think twice about letting their children
drive.
If the council passes the motion, Los Angeles would become the
first major city to seize and auction the vehicles of drivers under
the influence of alcohol, possibly setting a precedent other cities
around the country would follow.
The motion, if passed, may also pave the way for a similar law
targeting drivers under the influence of drugs other than
alcohol.
The motion mentions the use of alcohol and drugs, but only
proposes laws for the seizure of alcohol-related
DUI-offenders’ vehicles.
About 1.4 million people were arrested in 2001 for driving while
intoxicated by alcohol or drugs, accounting for one out of every
137 drivers in the United States.
The university police department has arrested between 45 and 118
people each year since 1997 for drunk driving, according to its Web
site.
Though the motion has several hurdles it must clear before
returning to the council for a final vote ““ a process which
can take a few weeks or a few years ““ Smith expects it to
pass, Englander said.
The council recently approved another measure aimed at drunk
drivers.
On April 5, the City of Los Angeles adopted a citywide task
force targeting repeat DUI offenders through stricter monitoring of
the terms of paroles, surveying those with previous drunk driving
convictions, and conducting traffic stops and sobriety tests.