HomeMy WebLinkAbout1999-06-01; City Council; 15216; Forfeiture Of Vehicles Of Persons Convicted Of DUI- *
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AB# f$ ,d 6 TITLE: DEPT. HD.
FORFEITURE OF MOTOR VEHICLES OWNED BY
MTG. 6/l/99 PERSONS CONVICTED OF DRIVING UNDER THE C’TY An-y. @ ’
DEPT. MAYOR INFLUENCE OF ALCOHOL OR DRUGS
PURSUANT TO VEHICLE CODE SECTION 23198 ‘lTy MGR-
RECOMMENDED ACTION:
Adopt Resolution No. @-is/ urging the District Attorney or the Court, on its own
motion, to require the forfeiture of motor vehicles owned by persons convicted of driving
under the influence of alcohol or drugs pursuant to Vehicle Code section 23198.
ITEM EXPLANATION:
Recent media attention has highlighted the fact that a state or local agency may in certain
circumstances impound or request confiscation of motor vehicles driven by drivers convicted
or driving under the influence of alcohol or drugs. Under California law, impoundment of
vehicles is allowed as conditions of probation and, if there are repeated convictions, can
result in the forfeiture of the vehicle and its sale by a city or county. Under Vehicle Code
section 23198 the Court, on its own motion, or on the request of the District Attorney, may
declare the motor vehicle driven by the person convicted of driving under the influence to be
a nuisance provided the driver has twice been previously convicted of driving under the
influence of alcohol or drugs. When a court orders the vehicle sold, a portion of the proceeds
goes to the city’s general fund if this violation resulted in serious bodily injury to a person
other than the driver, or to the city to be expended for community-based adolescent
substance abuse treatment services if there were no injuries involved.
The attached resolution urges the District Attorney or the Court, on its own motion, to impose
the forfeiture of vehicles pursuant to this law.
FISCAL IMPACT:
There will be costs in connection with the administration and conduct of the vehicles sales
and revenue associated with the sale of vehicles confiscated and sold pursuant to this
procedure in an amount which is dependent on the number of convictions and the types of
vehicles involved in an undetermined amount.
EXHIBITS:
Resolution No. wq
1 RESOLUTION NO. 99-181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, URGING THE DISTRICT ATTORNEY
OR THE COURT, ON ITS OWN MOTION, TO DECLARE
VEHICLES OF DRIVERS CONVICTED OF DRIVING UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS PUBLIC NUISANCES
PURSUANT TO VEHICLE CODE SECTION 23198 AND SOLD IN
ACCORDANCE WITH THAT SECTION
7 WHEREAS, driving under the influence of alcohol or drugs can have
8 devastating impacts on its victims and results in needless waste of human resources and
g costs to our society; and
10 WHEREAS, the state legislature of the State of California has enacted
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Vehicle Code section 23198 to allow a court to punish drivers convicted of repeated
offenses of driving under the influence of alcohol or drugs by declaring their vehicles
public nuisances; and
WHEREAS, the City Council desires to request the District Attorney or the
Court, on its own motion, to impose the remedies allowed by this section; and
WHEREAS, a portion of the proceeds of vehicles declared nuisances and
sold pursuant to this section shall be returned to the City’s General Fund or to be
expended for community-based adolescent substance abuse treatment services,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council urges the District Attorney or the Court, on its own
25 motion, to declare vehicles of drivers convicted of driving under the influence of alcohol I
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or drugs public nuisances pursuant to Vehicle Code section 23198 and sold in
accordance with that section.
3. That the City Clerk is authorized and directed to send a copy of this
resolution to the office of the District Attorney in the North County Judicial District.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad held on the 1st day of June I
1999 by the following vote, to.wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard, Kulchin
1 NOES: None.
ABSENT: None.
4LETHA L. RAUTENKRANZ, City Cler
SEAL)