County judge challenges state law allowing seizure of vehicles after Illinois DUI.

DuPage County Associate Judge Thomas C. Dudgeon ruled that a state law allowing police and municipalities to seize vehicles of Illinois DUI offenders is unconstitutional. The law is intended to penalize repeat DUI offenders caught driving with a suspended driver’s license. Dudgeon ruled that the vehicle forfeiture statute gives the state too broad of authority, and he especially cited troubling cases involving co-ownership of a vehicle and offenders only being charged with a misdemeanor offense.

The ruling stems from a case involving three Illinois men who said the law did not allow defendants to petition a judge for return of a vehicle until after their cases of driving under the influence in Illinois were resolved. If a case went to trial, that could take several years. Family members, loved ones and even employers not accused of drunk driving were denied prompt reviews and would have to wait for the opportunity of the vehicle to be returned.

The vehicles are periodically auctioned off with neither the owner or the institution holding the vehicle title receiving funds from the sale. In some cases, the seized vehicles are assigned to local politicians and law enforcement officers for both business and private use.

Dudgeon’s opinion said that the law violated due process clauses protected in both state and federal constitutions. Anti-drunk driving advocates are enraged, saying that the greater public good outweighs the punitive damages imposed on innocent co-owners, family members or those who loan someone a vehicle. The DuPage County State’s Attorney has been consulting the state Attorney General and hopes to appeal the ruling to the Illinois Supreme Court.

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