|
|
 |
|
|
|
|
|
|
Note: Copies of articles with inactive links may be found by visiting the publishers' web sites or retrieving copies from print sources. For more information please read our FAQ.
Visit our News Archives to find previously posted items.
|
|
|
|
Current Developments______________________________
- Vehicle used by alleged drunk driver without permission of innocent owner cannot be seized under NassauCounty forfeiture law according to a local judge. Car Forfeitures: Innocent-Owner Defense Succeeds Under Nassau's DWI Law, New York Law Journal (NassauCounty), August 30, 2005
- Fee dispute has arisen with outside counsel hired by NassauCounty to prosecute DWI vehicle forfeitures under law declared unconstitutional. County Outside Counsel, New York Law Journal (NassauCounty), March 16, 2004
- Thousands of cars seized by NYPD in DWI cases to be returned in light of federal court decision. City Police Giving Back Seized Cars, New York Times (NYC), March 9, 2004
- New DWI vehicle seizure law with provisions for hearings and hardship exceptions approved by the Nassau County Legislature. Nassau Legislature Backs Revised Car-Seizure Law, Newsday (NassauCounty), March 8, 2004
- No automatic stay pending appeal of decision invalidating NassauCounty's DWI vehicle forfeiture law. Vehicle Forfeiture Laws Challenged, New York Law Journal (NassauCounty), May 27, 2003
- SuffolkCountyDWI vehicle seizure law still problematic according to a supreme court judge. Suffolk's Auto Forfeiture Law Again Lacking , New York Law Journal (SuffolkCounty), March 17, 2003
- Efficacy of DWI vehicle seizure laws in Nassau and SuffolkCounties examined in light of recent constitutional challenges. DWI Seizure Law: How Effective Is It?, Newsday (NassauCounty), March 12, 2003
- NassauCounty has amended its DWI vehicle seizure law to meet constitutional objections. Nassau Revises Its DWI Seizure Law, Newsday (NassauCounty), March 11, 2003
- NassauCounty's DWI forfeiture law declared unconstitutionally vague by the Appellate Division Second Department. Nassau Vehicle Forfeiture Law Is Declared Invalid , New York Law Journal (2nd Dept), March 5, 2003. Read the court's decision in County of Nassau v. Canavan, No. 2003 NYSlipOp 11638 (2nd Dept March 3, 2003)
- Proposed local ordinance would enable police to seize cars used by drivers soliciting prostitutes in the City of Schenectady.Official Proposes Seizing Johns' Cars , Albany Times Union (SchenectadyCounty), February 11, 2003
- NassauCounty's DWI vehicle forfeiture law faces constitutional scrutiny. Challenges Are Invited to DWI Forfeiture Law , New York Law Journal (NassauCounty), December 26, 2002
- Post-seizure pre-judgment retention of DWI defendant's vehicle without a hearing violated due process according to the Second Circuit Court of Appeals. Panel Strikes City Law Allowing Vehicle Seizure After DWI Arrest , New York Law Journal, September 18, 2002. Read the court's decision in Krimstock v. Kelly, No. 00-9488 (2nd Cir September 18, 2002)
- County DWI vehicle seizure proposal criticized by the Westchester Civil Liberties Union for violating due process and discriminating against the poor. Civil Libertarians Say Car Seizure Proposal Discriminates Against Poor, Journal News (WestchesterCounty), July 24, 2002
- Cars seized in DWI forfeiture actions returned due to faulty service of process according to a Nassau County Supreme Court. Nassau County 'Nail and Mail' Service of Process Deemed Faulty, New York Law Journal, March 11, 2002
- NassauCounty driving while impaired defendant successfully moved for the return of his forfeited vehicle due to CountyAttorney's failure to enter a timely default judgment. Dismissal in Car Forfeiture Case Is Granted in DWI , New York Law Journal, February 25, 2002
- Public hearing held in FranklinCounty to examine ramifications of proposed asset forfeiture law for misdemeanor drug cases. DA, Public Defender Vie on Taking Assets, Press Republican, February 22, 2002
Special Reports
NEW YORKCITY COUNCIL COMMITTEE ON PUBLIC SAFETY HEARINGS - Testimony before the New York City Council on NYPD's DWI Forfeiture Policy
|
|
|
