5/17/2005Court Puts Hold on New Mexico Car Seizure Program
A District Court issues an injunction to prevent Albuquerque, New Mexico officials from implementing their car seizure program.
District Court Judge Theresa Baca issued an injunction today to prevent Albuquerque, New Mexico officials from implementing a car seizure program until a court challenge brought by the ACLU is heard in August. Albuquerque officials approved a "public nuisance" ordinance that would have allowed the city to seize the cars belonging to those accused of drunk driving once or receiving a second red light camera ticket. The ACLU argued that such a practice violates the due process protections of the Constitution.
The law states that a suspect can contest a seizure with a city hearing officer, or enter into an agreement whereby an immobilizing "boot" is placed on the vehicle for 30 days. To get the boot off, offenders must agree to have an ignition interlock placed on the vehicle for six months or a year.Source: Judge: Delay DWI Seizures (Albuquerque Journal (NM), 5/17/2005)
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