How many of y'all have been using the forfeiture provisions in Art. 59 to seize 4 time DWI offenders cars? I don't think we've done any here in my county, but I don't recall law enforcement bringing us any to do. I'm not sure if this is from lack of training to put this on their radar or if all of the 4 or more time drunk drivers drive junky or high lien cars or what.

We haven't done any, yet. But one problem I see is filing the forfeiture notice in a timely manner. (Within 30 days.) By the time I see a report it is usually well past 30 days of the incident. And, no one seized the auto at the time.

We have had agencies get a search warrant for the vehicle if they didn't seize it incident to the arrest. That gives us a little more time to file our notice.

DUI 'SHAME' PROGRAM SLAMMED BY TASK FORCE
Sheriffs, judges and even advocates fighting drunken driving have all criticized the new Tennessee law that uses shame to punish drunken drivers.

A governor's task force recently recommended scrapping the law, which makes offenders pick up litter wearing bright orange vests that say, "I am a Drunk Driver."

The bill passed on the last day of the 2005 legislative session and took effect Jan. 1 without the governor's signature.

Sheriffs, as expected, say the law has been an administrative nightmare because it's specific about who can be sentenced to litter pickup and where they are allowed to pick up litter.

DUI offenders are allowed to pick up litter in their home county, even if they're convicted in another county. But the home county is supposed to get a notice, and that doesn't always happen, Hall said.

Sheriffs are also required to have at least five DUI offenders on a litter pickup crew, and sometimes that's difficult for smaller counties.

For the full story, click here.

We should avoid the DWI in our life. No, it is not overreaching to habitual a felony DWI defendant. The man is a drunk driving murder waiting to happen.In Texas, 125,941 of the 352,372 drivers arrested for DWI from 1987 to 1990, or 36 percent, were repeat offenders, according to the safety administration.
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steve
California DUI

life in prison tends to be the best form of specific deterrence, especially for drunks.

If you get past guilt innocence, then open up the flood gates on these guys.

Don't just look at his CCH and driving record. Remember, class C PI arrests are not reported to TCIC. Have your local PD's do manual searches of arrest records, citations, accident reports, and calls for service. Has he been involved in disturbances or domestic disputes where he has been drinking but wasn't arrested? Has he been involved in hit and run accidents? Has he ever shown up at work drunk or been disciplined for drinking on the job? Does he frequent a particular bar or restaurant where the bartenders and waitresses know him?

You need to show that these guys are career drunks if you want to get a career criminal punishment from your juries. Good luck!