Is anyone around the state seeking forfeiture of drunk driver's cars under Tex.Transp.Code Sec. 704.001? We're curious about seizing drunk's cars out here in El Paso.

Where are you going to store them?

I assume we would keep them in the same place that we keep the cars seized from drug dealers. We do a lot of forfeitures here in drug cases and storing those cars doesn't seem to be a problem.

I was in Albuquerque last weekend and they were having a public auction of cars seized from drunk drivers. I know it pains Terry Breen to read these words, but they do have some good ideas in New Mexico now and then.

I did some quick research Monday and realized that we can seize cars from repeat drunk drivers here in Texas too. That's why I want to know if anyone in Texas is seizing cars from drunks. And if so, have any problems arisen.

I have been told that if you seize them. The money goes to Austin, not locally, but I have never bothered to confirm it.

When that statute first came into being, many years ago, I recall then TDCAA Director Tom Krampitz, at a criminal law up-date, promising to put the photo of the 1st prosecutor who forfeits such a car on the front page of The Prosecutor. As I recall, the statute requires proof that the driver had at least 3 prior DWI's before you can seize his car on the 4th or later offense. Tom figured the cars driven by such determined drunks were probably not worth going after.

So far I have not seen the photo Tom promised, so I assume no one has availed themselves of this statute. Perhaps we will soon see Richard's smiling face, beside his prize drunk's car on the front of The Prosecutor.

Good luck!

Transportation Code Section 704.001(c) says: "A vehicle forfeited under this chapter is forfeited to the county in which the offense occurred."

Many years ago, I used to do it on all habitual drunk drivers. I learned how to do it from a friend in my office who had all the forms and was the only person here that did it. My ultimate conclusion is that the effort is not worth the benefit and the law needs to be changed.

First, it is a very lengthy process requiring many forms with notice requirements to the defendant, defense lawyer, court, and lien holder. This is not, in and of itself, the fatal flaw that caused me to stop doing it.

Second, most of these cars had a lien holder and the law required them to be paid off first. The county hardly ever got anything out of it. Basically, we did all this work to get money for the lienholder.

Lastly, most habitual drunk drivers did not come from "River Oaks." The cars that were being seized were '82 Pintos or something along those lines. Therefore, if we ever got a car with a clean title, it sold for $250 at auction.

Rather than follow the guidelines of the DWI seizure, maybe you could place an evidence hold on the car and charge the defendant storage fees to get it back?? Maybe forfeit the car through a plea bargain?? Anything might be better than the current method??

Given all the idiocy going on with the DL suspensions (followed by ODL or some other such nonesense), it would make more sense to seize the car of a drunk driver and refuse to return it until the defendant shows proof of a (1) legal DL that is not under suspension, (2) insurance and (3) a mechanic who will install a breath testing device. Or, just take the license plates.

It would seems that most 4th offense DWIs would be Felony2 offenses, meaning that the vehicle would be "contraband" under 59.01(2)CCP and forfeiture would follow the same route as any other asset forfeiture, right?

I got one once in Harris County...a '74 Nova, as I recall. But it was a pain. As I recall, someone was trying to add DWI to the generic asset forfeiture statutes last Legislative Session....who's for that?

A '74 Nova sounds like a pretty sweet ride to me, Rob. Almost as fabulous as one of my first cars: a 1978 brown Pinto station wagon. Standard shift, of course. With burnt orange plaid cloth seats. It was a smokin' mobile. Now who wouldn't want these beauties for office vehicles??

A similar conclusion was reached (I think) when this topic was last discussed on the forum. Not so Nice Drunk cars

Our two new Narcotics investigators would love the 'hooptie' nature of a '74 Nova. Just yesterday one of them was saying his 'undercover' truck screamed 'cop', and that he couldn't meet his C/I's in it.

I'm holding out for an El Camino though. For entertainment value.

I forfeited cars on DWIs for a while. Then I got so busy on drug forfeitures that I quit. I would do another one if the car was worth the effort.

I had no idea you were so culturally well-rounded, Diane. I, too, had a '78 Pinto station wagon, though mine was "chocolate brown," and was replete with tan plastic (no sissified vinyl for us West Texans) interior and a bangin' AM sound system. If I had known that it might be subject to forfeiture, I might have chosen a different line of work and actively sought to have it forfeited. Having sunk into the mire of 8-liner forfeitures (which I realize are governed by a different statutory forfeiture scheme), I agree with my predecessors who have suggested that a cost-benefit analysis is appropriate here. I suppose that demonstrated repetitive drunk driving might tip the scale in favor of forfeiture, as well.

As an aside, when I was in Lubbock County, there was a juvenile probation officer who used a '68 Chevy pickup that burned more oil than Saddam Hussein as his "rounds making" vehicle. No one pegged him as law enforcement until he actually got out of the truck, he said.

We all know imports are better cars. My first ride was a '82 Honda Civic. No air conditioning (too expensive, dude) and nothing but AM radio. Here name was Debbie. I miss her.