Model 3 taken in Dwi case

[daniel]

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?

Absolutely, all forms of impaired driving should be taken far more seriously than they are. The fact is that most times someone drives drunk or texts while driving, or any of the thousand other ways people drive unsafely, nobody gets hurt. So people become complacent and keep doing it. "Yes I was drunk (or texting, or whatever) but I didn't hurt anybody" is about as valid an excuse as "Yes, I was shooting into houses but I didn't hit anybody." The vast majority of impaired driving doesn't get stopped. Maybe the cops stop one impaired driver out of a hundred or a thousand. Limiting action to only those where there's been a collision is part of the recipe that gives us 35,000 traffic deaths a year in the U.S. alone.

Sometimes I say "drunk driving" as a convenient catch-all phrase for impaired driving, but I think that all forms of impaired driving should be treated severely.

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

This is why I was careful to say that I am not speaking of the OP because we don't know if the OP was guilty or not. But this thread long ago moved on from advice for the OP and into a discussion of drunk/impaired driving generally.

As for confiscation of property, that should happen only after a conviction. The state should not be able to confiscate a car or other property (other than illegal substances) on merely an accusation.

Whether a leased car should be confiscated is a more difficult question. A stolen car would be returned to the rightful owner. Maybe that's the closest analogy. I don't know.

 

[jfinephilly]

To be fair, it’s possible to believe strongly in civil liberties while also believing OP is guilty. I’m inclined to agree he should receive punishment after being found guilty in a court of law, not before.

What is to stop someone from drinking and driving again while they await their day in court?

 

[MrG_NY]

You're responsible for the lease payments to Tesla. It is an agreement between you and them to make x payments. It's not Tesla's problem if the car was impounded. Even if the car was released to Tesla you still are on the hook for your agreed upon term. It would still be the same as early termination of the lease with the payments and fees.

 

[ElectricIAC]

(a trumper ?)

And somehow: it always winds up here. Let it go, twice.

 

[qdeathstar]

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.

If he is found innocent in criminal court then he should get his car back, of course. It sounds like the government seizing your car is a penalty criminal guilty of DUI. He never said he wasn’t drunk, so it’s safe to assume he was.

 

[ElectricIAC]

If he is found innocent in criminal court then he should get his car back, of course. It sounds like the government seizing your car is a penalty criminal guilty of DUI. He never said he wasn’t drunk, so it’s safe to assume he was.

It’s safe to assume a lot of things in life, but that doesn’t mean you should.

 

[Jenremoved]

What is to stop someone from drinking and driving again while they await their day in court?

Bail. If you’re caught breaking the law while out either on OR or on bail you’re going to be remanded into custody and things are going to get a lot worse for you.

If I was OP, the last thing I would do is talk about the actual facts of my case on the internet while that case is pending. As a progressive (and a lawyer who now works for municipalities), I wholeheartedly agree with those in these comments insisting on using the Constitution and Bill of Rights as a guide to whether or not we should assume someone charged with a crime is guilty without seeing any evidence.

 

[ElectricIAC]

Yes it seems some folks around here have grand dreams of being judge, jury, and executioner. For their sake they’d best be thankful for the rights bestowed them should they ever stand accused of a crime guilty or not.

 

[ModelNforNerd]

Love the “if you don’t like it leave” mentality - the true sign of an American patriot...

the person I'm replying to is in a unique position to do exactly that

 

[ModelNforNerd]

Bail. If you’re caught breaking the law while out either on OR or on bail you’re going to be remanded into custody and things are going to get a lot worse for you.

If I was OP, the last thing I would do is talk about the actual facts of my case on the internet while that case is pending. As a progressive (and a lawyer who now works for municipalities), I wholeheartedly agree with those in these comments insisting on using the Constitution and Bill of Rights as a guide to whether or not we should assume someone charged with a crime is guilty without seeing any evidence.

sadly, though, NY has done away with cash bail in many cases...with less-than-stellar early returns.

 

[Knightshade]

If he is found innocent in criminal court then he should get his car back, of course.

It's like you didn't even read the post you are replying to.

here it is again with the most relevant bits-



- 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.

(Also, people aren't found "innocent" in criminal cases- they're found not guilty- which is explicitly NOT the same thing)

It sounds like the government seizing your car is a penalty criminal guilty of DUI.

it doesn't sound ANYTHING like that. Because as noted CIVIL forfeiture doesn't require a CRIMINAL conviction.


In case you're still unclear on this:

DWI Civil Forfeiture | White Plains Drunk Driving Defense Lawyer

The DWI forfeiture proceeding operates separately and apart from the DWI criminal case.

Accordingly, a person may go to trial on the DWI charge win, have the case dismissed, and still lose his car in the DWI civil forfeiture action.