Washington State considers bill allowing impounding of cars
 

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Police in Washington state will have the power to take any car for at least twelve hours under legislation passed unanimously by the state House earlier this month and considered by a Senate committee yesterday. State Representative Doug Ericksen (R-Ferndale) introduced what he called “Hailey’s Law” which would make it mandatory for police to grab the vehicle from drivers merely suspected — not convicted — of driving under the influence of alcohol (DUI).

“When an operator of a vehicle is arrested for a violation of [DUI statutes], the vehicle is subject to summary impoundment and the vehicle must be impounded,” House Bill 2565 states. “The impounded vehicle may not be redeemed within a twelve-hour period following the time the impounded vehicle arrives at the registered tow truck operator’s storage facility as noted in the registered tow truck operator’s master log.”

The punishment of having the car seized is imposed, without possibility of appeal, on the mere accusation of an officer. The car may not be redeemed until twelve-hours after the car arrives at the lot, unless another person happens to be the registered owner of the vehicle. That owner, regardless of whether he was aware of the vehicle’s use, must pay all of the impound and storage fees before recovering his property. The proposed law gives the state immunity from paying any financial damages that an innocent car owner may suffer as a result of his loss of the car.

“Vehicle impoundment provides an appropriate measure of accountability for registered owners who allow impaired operators to drive or control their vehicles, but it also allows the registered owners to redeem their vehicles once impounded,” the bill’s statement of purpose explains. “Any inconvenience on a registered owner is outweighed by the need to protect the public.”

The Towing and Recovery Association of Washington is one of the main lobbying organizations pushing for the adoption of the law. Association members stand to gain substantial revenue from the towing fees.

The bill must pass the full Senate and be signed by the governor to become law.



I do hope the governor see this for what it is, a blatant attempt by towing companies to grab money from possibly innocent motorists. Many states allow impounding cars from drunk drivers, but now, on the mere say-so of a police officer who only suspects that a driver is drunk (even if they are not), the car can be impounded and towing fees assessed. Anyone who has ever had their car impounded can attest that those fees are STEEP! It happened to me once in Phila and I tell you now that they think money grows on trees. And that I personally have several of them in my backyard!

I think that the fees should only be assessed on actual drunks, not on anyone who is found to be innocent. Should I, for example, be arrested for drunk driving and later found to be completely sober; why should I have to pay to get my car back when it was taken under false pretenses?

This is complete bullshit, IMHO.

Hmmm. Sounds a bit like a police state tactic. But I guess if you are in jail for a DUI you will not be driving anywhere soon anyway. I know they tow every car that a person is stopped in for a DUI in GA unless there is a non-impaired driver that can come get it.

Adds an element of risk to the designated-driver roll doesn't it?

In AZ they take your keys away and require you to call a cab to take you home regardless of how far from home you are.

I think this will only motivate dipshits to run from the cops.

That seals it. I'm going back to driving on acid! :rolleyes:

Hydrochloric or Sulfuric I hope.....

I realize the laws vary from state to state in the US, but over here, if you blow in the bag and you're over the limit, you don't get to get back in your car. You get a chauffer driven ride to the cop shop where they do a blood test and confirm you're over the limit. (unless they have the 'booze bus' set up, in which case they do it on the spot) After that, you get to go home and sleep it off. It is a very rare thing for someone not to be convicted of drink driving once the blood test shows they're over the limit. Going to court is simply a formality, and a way for you to find out what your punishment will be.

I don't have a problem with this law. If someone is over the limit, they shouldn't be behind the wheel. It's pretty simple and very easy to prove. If you're dumb enough to drive after drinking, you deserve what's coming to you.

eta: They now also conduct random drug testing on drivers here. The same rules apply.

Any one on the inside able to shed some light as to whether or not this is being pushed primarily by eastern or western washington, or both?

(Eastern Washington is much more rural/agricultural and tends to be far more conservative; the western half includes Seattle/Tacoma/Bellingham/etc, and is far more urban and liberal.)

But that's what's so shocking about this law--they don't have to make you, or even let you, blow in the bag. They can pull you over, say, "Yep, he kind of looks drunk to me," and impound your car. Eventually you will be given a breath or blood test down at the station, prove that you are not drunk, and charges will be dropped... but then you will still be responsible for going and paying hundreds of dollars to get your car back.


(This is actually already how things work, except for the impounding-of-the-vehicle part: a cop can arrest you on suspicion of being drunk, and does not actually have to test you until he takes you back to the station, if he doesn't want to. A friend of mine was arrested in just such a fashion years ago, when he hadn't had a drop to drink--but he was being a jerk to the cop, and the cop decided to be a jerk right back.)

Here we go again.

It seems to me that this is the problem:

Don't you have portable Breathalysers?

Yes, we do.

Yes, Zen--at the time, my friend was shouting, "Give me a breathalyzer! I want a goddamn breathalyzer! I'm not drunk and you know it, you cocksucker!" Cop said, "Sir, your aggressive behavior leads me to suspect you may be intoxicated, and that's all the evidence I need to take you down to the station."

but. . . .

Oh yes, he totally brought it on himself. "They're the cops, and you're not."