Thursday, 14 August 2008 01:55
Calaveras DA To Start Enforcing DUI Vehicle Forfeiture Law
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Driving under the influence in Calaveras County will now cost you more than just an arm and a leg. For DUI repeat offenders, the Calaveras County Office of the District Attorney has just announced it will enforce an existing vehicle code that authorizes the court to forfeit the offender’s ownership rights. Calaveras District Attorney Jeffrey Tuttle intends to file a motion on every case possible under the law, which was added to the California Vehicle Code in 1999. Under the code, the court may “declare the motor vehicle driven by the defendant to be a nuisance if the defendant is the registered owner of the vehicle.” In these cases, the court would order the Sheriff’s office to sell the vehicle, and all net proceeds would be kept by the county. In Calaveras County this year so far, the Sheriff’s department has made 192 arrests for DUI. When asked if Amador County would be following suit, District Attorney Todd Riebe said “it’s not something you can just jump into. There’s a lot of (factors) to consider,” referring to the code’s restrictions on selling the vehicle. Riebe also noted that besides the district attorney’s office, the court has the authority to uphold that law without a motion from the DA. If Amador County did pursue this type of action, it would be for “more serious circumstances,” such as vehicular manslaughter or serious injury as a result of driving under the influence. For more information on this vehicle code section, go to the California’s DMV’s website at www.dmv.ca.gov and search on VC 23596.
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