ACLU Challenge to City of Albuquerque Seizure Statute
ACLU attorney, Paul Kennedy (brother of this blogger), argued in state district court that the recently enacted City of Albuquerque car seizure statute violates due process principles. The City of Albuquerque has passed a forfeiture law allowing it to seize and forfeit cars driven by first-time DWI accused offenders. The Albuquerque Tribune reported that the parties agreed to place a "hold" on the enforcement of the ordinance pending further briefing on the legal issues. (story copied below). I have yet to view a copy of the complaint, however, it is likely that older brother Paul plead claims under the New Mexico Constitution only. I will try to give some insight into the litigation as it evolves.
City puts a hold on DWI seizure
By Joline Gutierrez Krueger
Tribune Reporter
May 17, 2005
A new ordinance that allows the city to seize the vehicles of first-time DWI suspects is on hold today as the debate on the law's constitutionality continues.
Attorneys with the American Civil Liberties Union had sought a preliminary injunction against the law, which was to have gone into effect May 11.
But when the ACLU filed its legal challenge that same day, the city agreed not to enforce the ordinance pending a hearing.
Today's ruling by state District Judge Theresa Baca continues that agreement of nonenforcement until both sides in the case have time to file their legal responses to the lawsuit.
Dates of the hearing were not available.
The decision essentially gives the ACLU a temporary injunction without the judge having to render her findings in the case.
ACLU attorneys argue the ordinance assumes guilt before trial.
"Even a superficial examination of the ordinance shouts unconstitutionality," ACLU attorney Paul Kennedy said.
The law applies the city's nuisance abatement ordinance, which allows the city to seize property if it is deemed a nuisance to the public. It imposes the penalty before adjudication, when the driver is cited but before the case goes to trial.
"shouts unconstitutionality"
Ya' gotta love the man's use of the English language.
