Model 3 taken in Dwi case

[qdeathstar]

Quite the judgmental group in here, but it’s good to see some good advice sprinkled among the condemnation.

It’s real easy to not drink and drive though, especially if you can afford a tesla. My advice is to live with the consequences of his actions and learn from his mistakes. Drunk drivers kill. I have little sympathy for would be murderers.

 

[ElectricIAC]

My advice is to live with the consequences of his actions and learn from his mistakes.

So you’ve confirmed without a doubt that the OP has been convicted?

 

[TomB985]

It’s real easy to not drink and drive though, especially if you can afford a tesla. My advice is to live with the consequences of his actions and learn from his mistakes. Drunk drivers kill. I have little sympathy for would be murderers.

The guy came here for advice. Going through DUI proceedings can be among the most stressful things in a person's life.

I've never been inebriated behind the wheel, but have a couple of friends and family who have. They aren't bad people who intend to harm others, but good people who made a bad choice.

understanding and good advice is what's called for here, not judgment and condemnation.

 

[S4WRXTTCS]

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.

This is why asset forfeiture is a completely ridiculous way of going about it. It's not going to stop anyone who has a substance abuse problem. It also leads to abuses by the government, and that's been well documented.

I'd rather see community service, and efforts to significantly reduce re-offence through a mix of treatment/counseling options along with interlock devices. Where the interlock even included integrated driver monitoring (to monitor for cell phone usage while driving). Where basically you're stuck with this nanny device for X amount of months/years after the offense.

The interlock wouldn't just be a breath analyzer, and driver monitoring. It would also lock the person out from driving if their license was suspended or their insurance wasn't up to date. Then when it did allow starting of the car it would say "Try not to kill anyone today, okay?".

Who would pay for these fancy interlock devices? It would be paid by fines that were issued in proportion to a persons income.

We need to do a better job of only allows cars on the road that have up to date insurance, registration, and a licensed driver in good standing. I imagine the Chinese will at some point implement a "reputation" style lockout for all vehicles. I don't think think we need to go that far, but we have to get drunk/distracted/angry drivers off the road.

 

[qdeathstar]

So you’ve confirmed without a doubt that the OP has been convicted?

If he is innocent, he doesn’t need advice because the car won’t be taken.

 

[S4WRXTTCS]

If he is innocent, he doesn’t need advice because the car won’t be taken.

Spoken like a truly dedicated storm trooper.

 

[ElectricIAC]

If he is innocent, he doesn’t need advice because the car won’t be taken.

Negative as the OP may already have already been subject to theft under color of law. If you take something that doesn’t belong to you and later return it, you’ve still taken something that didn’t belong to you.

 

[ord3r]

Spoken like a truly dedicated storm trooper.

What's wrong with bringing order to the galaxy? #TheEmpireDidNothingWrong #NotAllStormTroopers

 

[Knightshade]

If he is innocent, he doesn’t need advice because the car won’t be taken.

the car was already taken.

Also- DWI is a criminal matter. Vehicle forfeiture is a civil one.

It's possible to NOT be convicted of a crime and still lose your property in civil court.

 

[ModelNforNerd]

Good!

#DontDrink+Drive

American citizens are still afforded the opportunity to prove their innocence, which is assumed until proven otherwise, in a court of law, in front of a jury of their peers.

Luckily, for all of us, cases aren't tried on Tesla forums.

 

[ModelNforNerd]

False arrest or non-conviction for DUI is very rare. Generally they only charge you if you blew over the state limit or refused to blow.

Rare, but not impossible. 15 years ago, I was pulled over in VA and given the whole runaround after having a beer with dinner. Blew .06, but the cop played the whole "glassy eyes, slurred speech" spiel in front of the judge.

Anyway, it went to trial and got tossed because his dashcam showed me performing the roadside test flawlessly. also, the "do you know why I pulled you over" line? "I noticed your plates expire next week". Showed the judge that I actually had the new reg and stickers (just hadn't put them on at that time since I still had a week).

Basically, zero probable cause, and zero scientific or anecdotal evidence, but because I was in Virginia Beach, VA with a DoD base sticker on my car.........

(seriously, those things were little reflective bullseyes in the night)

 

[ModelNforNerd]

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.

the only thing missing here was comparing a drunk driver to Hitler.

2 stars

 

[TLLMRRJ]

So many replies, but nothing more from the OP since the first post.

So OP, were you legally impaired at the time?

 

[ModelNforNerd]

So many replies, but nothing more from the OP since the first post.

So OP, were you legally impaired at the time?

To be completely honest, answering that would be pretty dumb. His question was around the civil forfeiture. I'd let the other side of that play out in the courtroom if it was me.

 

[cucubits]

American citizens are still afforded the opportunity to prove their innocence, which is assumed until proven otherwise, in a court of law, in front of a jury of their peers.

Luckily, for all of us, cases aren't tried on Tesla forums.

... and that's working out great (/sarcasm). So many love to hide behind this card when they knowingly and willingly break the law just because they know a loophole or have a good lawyer.

 

[ModelNforNerd]

... and that's working out great (/sarcasm). So many love to hide behind this card when they knowingly and willingly break the law just because they know a loophole or have a good lawyer.

I'm so sorry that our Constitution and our rights offend you. I hope you take the extra day in 2020 tomorrow to ponder your emigration options.

 

[SageBrush]

introduction into life as a career criminal.

So much for avoiding hyperbole

 

[Rojer Lockless]

One day we'll be totally allowed to drink and FSD.

 

[SageBrush]

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.

Sure, but we should not let perfect get in the way of better. And hopefully the car owner is held responsible.

 

[ElectricIAC]

... and that's working out great (/sarcasm). So many love to hide behind this card when they knowingly and willingly break the law just because they know a loophole or have a good lawyer.

Sounds like you’d feel right at home just south of the border where you are guilty until proven innocent.

In any case, this thread is not about the OP’s guilt or innocence but what their rights are to property in their possession by way of lease agreement.