County passes Harckham vehicle forfeiture bill

Saturday, 31 October 2009 23:00

The Westchester County Board of Legislators has approved a bill written by legislator Peter Harckham, 2nd District, which includes Lewisboro and Katonah, that would require the forfeiture of vehicles for those convicted of operating a vehicle while under the influence of alcohol or drugs or while engaged in unlawful speed contests or drag races throughout Westchester County.

“The passage of the bill is a major victory for Westchester County and one that will resonate throughout the region, as counties and municipalities aggressively pursue drunk drivers in an effort to make their streets safer,” said Mr. Harckham. “It’s also important for residents to realize that if you’re caught driving drunk, you risk taking a life or losing your own. The county board has found that while larger fines, longer license suspensions, and increased jail sentences may deter some offenders, a stronger deterrent is necessary to protect the public.” According to the National Transportation Safety Board, civil forfeiture of motor vehicles laws serve as a deterrent to recidivism, may reduce first-time offenses, and will send a stern message that driving while under the influence of alcohol and/or drugs and drag racing will not be tolerated in Westchester County.

The legislation, which has been signed into law by County Executive Andrew Spano, contains an “innocent owner” affirmative defense, which is intended to stop forfeiture of a vehicle when the owner did not have actual knowledge that the vehicle would be used in violation; authorizes the county attorney to commence civil actions for forfeiture of vehicles when operated by a person who is under the influence of alcohol or drugs or found to be participating in drag racing and is arrested by any Westchester County police officers on county roads; contains a provision that expressly permit lessors and lien holders of vehicles to recover such vehicles if seized by the county; and contains a “hardship relief” provision, allowing relief from forfeiture, in cases in which the defendant can establish that such forfeiture would impose substantial and unwarranted burdens on the defendant’s ability to travel to employment, school, or medical treatment.

Information: westchesterlegislators.com.