Model 3 taken in Dwi case

[ElectricIAC]

If the city or entity acting under authority of the city knowingly or unknowingly damages the vehicle by collision, improper storage or any negligent action on principle should be responsible for the damages incurred and any legal fees accrued to recover those damages. That has nothing to do with guilt or innocence, it’s just the right thing to do.

 

[Knightshade]

If the city or entity acting under authority of the city knowingly or unknowingly damages the vehicle by collision, improper storage or any negligent action on principle should be responsible for the damages incurred and any legal fees accrued to recover those damages. That has nothing to do with guilt or innocence, it’s just the right thing to do.

You might wanna google "Sovereign immunity" as it might play here...for example in many places if a government agency tows your vehicle and damages it, you can't sue them for the damage (if the tow itself was legal anyway)

But I'd expect Tesla would go after the lease holder for anything wrong with the car... and then the lease holder MIGHT be able to go after the government agency that caused the damage (or might not, again depending on any sovereign immunity defense or other relevant local laws)

The lawyer he should already be talking to can likely address this for him.

 

[daniel]

Certainly, being a Tesla makes no difference except that you'd like them to keep it plugged in. But they are unlikely to have a charger for it. I'd approach the people at the impound lot and offer to lend them the 120 v. charger cable that came with the car, and ask them to keep it plugged in. Explain (politely) that failure to keep the battery charged can damage it and that they are responsible for damage to the car.

The more electric cars there are on the roads, the more this will become an issue.

 

[ElectricIAC]

Certainly, being a Tesla makes no difference except that you'd like them to keep it plugged in. But they are unlikely to have a charger for it. I'd approach the people at the impound lot and offer to lend them the 120 v. charger cable that came with the car, and ask them to keep it plugged in. Explain (politely) that failure to keep the battery charged can damage it and that they are responsible for damage to the car.

The more electric cars there are on the roads, the more this will become an issue.

Agreed. We have to start somewhere and even that is a step in the right direction regrettable as the reason for the impounding may be.

 

[ElectricIAC]

You might wanna google "Sovereign immunity" as it might play here...for example in many places if a government agency tows your vehicle and damages it, you can't sue them for the damage (if the tow itself was legal anyway)

But I'd expect Tesla would go after the lease holder for anything wrong with the car... and then the lease holder MIGHT be able to go after the government agency that caused the damage (or might not, again depending on any sovereign immunity defense or other relevant local laws)

The lawyer he should already be talking to can likely address this for him.

Well aware of how government likes to have their cake and eat it too.

 

[daniel]

This is not addressed to the OP because I don't know if the OP is actually guilty of DWI or not. But if it were up to me, the penalties for DWI would be far more severe than they are. We send terrorists to Guantanamo with no right to a lawyer and no right to a trial, but impaired drivers kill many, many times more people. Driving impaired is terrorism, and while everybody should have a right to a lawyer and a fair trial, the legal system should recognize that drunk driving is one of the most heinous crimes it's possible to commit.

 

[ElectricIAC]

This is not addressed to the OP because I don't know if the OP is actually guilty of DWI or not. But if it were up to me, the penalties for DWI would be far more severe than they are. We send terrorists to Guantanamo with no right to a lawyer and no right to a trial, but impaired drivers kill many, many times more people. Driving impaired is terrorism, and while everybody should have a right to a lawyer and a fair trial, the legal system should recognize that drunk driving is one of the most heinous crimes it's possible to commit.

Get a grip. While it is a selfish, reprehensible, foolish and most importantly avoidable act: if no injuries nor deaths are involved then it should be an opportunity to turn your life around in a positive way, not as a one way ticket to a life of crime.

Recidivism has been proven time and again to be the result of rejection by society due to poor reintegration and focus on punishment over reformation.

 

[StellarRat]

Wow.

That’s a pretty jacked up law. It’s not enough to suspend a license?

Not always. Lots of people drive with suspended licenses. That's a lot harder when they also don't have a car. I'd be very much in favor of laws that take away your car permanently on your 2nd or 3rd DUI. Serial offenders deserve harsh treatment.

 

[focher]

Tip: Next time, post “on behalf of a friend”.

 

[ElectricIAC]

Not always. Lots of people drive with suspended licenses. That's a lot harder when they also don't have a car. I'd be very much in favor of laws that take away your car permanently on your 2nd or 3rd DUI. Serial offenders deserve harsh treatment.

Okay: So what stops this hypothetical repeat offender from borrowing or stealing a car going forward?

Note I never said that a serial offender shouldn’t get progressively more serious penalties or impositions.

 

[jfinephilly]

Get a grip. While it is a selfish, reprehensible, foolish and most importantly avoidable act: if no injuries nor deaths are involved then it should be an opportunity to turn your life around in a positive way, not as a one way ticket to a life of crime.

Recidivism has been proven time and again to be the result of rejection by society due to poor reintegration and focus on punishment over reformation.

Yea, okay. If someone thinks it’s okay to drink and drive once, what makes you think this is a singular act? Relying a “well, they didn’t hurt anyone” argument is foolish. Yea, no one was hurt THIS time. Oh, sorry Judge, I only planned to try to shoot this guy, but I missed so can I just grab some community service?

 

[ElectricIAC]

Yea, okay. If someone thinks it’s okay to drink and drive once, what makes you think this is a singular act? Relying a “well, they didn’t hurt anyone” argument is foolish. Yea, no one was hurt THIS time. Oh, sorry Judge, I only planned to try to shoot this guy, but I missed so can I just grab some community service?

Oh how I love hyperbole.

Neither act is *okay* but one is obviously more grievous than the other. Treatment over threats.

 

[TLLMRRJ]

I live in the capital of drunk drivers, Houston.

So many innocent people are killed by drunk drivers here every year. The drunk drivers usually escape with a few bruises after killing entire families and then get a light sentence. Many repeat offenders with 5-9 DUI’s on record before they finally kill someone.

Very hard to get the public to be angry enough to do anything meaningful to stop it because so much of the public does it themselves, including public officials and police officers.

The whole thing disgusts me.

 

[jfinephilly]

Oh how I love hyperbole.

Neither act is *okay* but one is obviously more grievous than the other. Treatment over threats.

Cute. Maybe try taking drinking and driving more seriously?

 

[ElectricIAC]

Let’s add another dimension to the definition of impairment. Is someone who texts while driving also arguably impaired? Sleepy? Non-drug related chemical imbalance?

 

[ElectricIAC]

Cute. Maybe try taking drinking and driving more seriously?

I take it very seriously however I don’t see eye to eye with asset forfeiture being an appropriate imposition nor introduction into life as a career criminal.

 

[cucubits]

Let’s add another dimension to the definition of impairment. Is someone who texts while driving also arguably impaired? Sleepy? Non-drug related chemical imbalance?

All are situations when the driver should not be driving. Especially texting while driving should be taken/punished way more seriously. When you're drunk at least you're sort of looking out the window.

 

[Knightshade]

I take it very seriously however I don’t see eye to eye with asset forfeiture being an appropriate imposition nor introduction into life as a career criminal.

FWIW I generally find forfeiture to be a horrendously bad policy on a myriad of levels- and especially find the civil nature of it whereby even those not convicted of crimes can have possessions tied up for years or never returned at all offensive to the constitution.


But in this case it's not much different than someone who attempted to murder someone with a gun having the gun taken away from them.

I probably wouldn't make it mandatory for a first nobody-harmed non-aggravated offense as NY state does- but I think it'd be entirely appropriate to tell a repeat DWI offender he's not allowed to own a car for a while just as we tell violent felons they can't own a gun for a while.

 

[ElectricIAC]

FWIW I generally find forfeiture to be a horrendously bad policy on a myriad of levels- and especially find the civil nature of it whereby even those not convicted of crimes can have possessions tied up for years or never returned at all offensive to the constitution.


But in this case it's not much different than someone who attempted to murder someone with a gun having the gun taken away from them.

I probably wouldn't make it mandatory for a first nobody-harmed non-aggravated offense as NY state does- but I think it'd be entirely appropriate to tell a repeat DWI offender he's not allowed to own a car for a while just as we tell violent felons they can't own a gun for a while.

I can say yes to registration blocking for serial offenders. This is a reasonable imposition.

 

[ucmndd]

Not always. Lots of people drive with suspended licenses. That's a lot harder when they also don't have a car. I'd be very much in favor of laws that take away your car permanently on your 2nd or 3rd DUI. Serial offenders deserve harsh treatment.

The drunken skag that hit my wife and daughter head-on the day before Thanksgiving was on a suspended license from her first two DUIs, and driving someone else's car. Where there's a worthless piece of trash there's a way.