City Wins Ruling on D.W.I. Crackdown
|
|
A state judge yesterday upheld the Giuliani administration’s policy of seizing the cars from people arrested on drunken driving charges, handing the city its first court victory on a crackdown that has been criticized by civil libertarians. The ruling by Justice Michael D. Stallman of State Supreme Court in Manhattan came in response to a class-action lawsuit brought by the New York Civil Liberties Union on behalf of Pavel Grinberg, a Staten Island man whose car was confiscated by the police on Feb. 21, the day the policy against driving while intoxicated went into effect. In deciding in the city’s favor, Justice Stallman said Mr. Grinberg ”has not met his burden of demonstrating that the city D.W.I. forfeiture policy is unconstitutional, contrary to law or arbitrary and capricious, either on its face or as applied to him.” Mayor Rudolph W. Giuliani and other city officials applauded the ruling yesterday, saying that the judge had proved wrong all the critics who publicly criticized the policy as ill advised and illegal. ”I’d like to remind everyone that the New York Civil Liberties Union and other advocates and activists do not determine the Constitution,” the Mayor said. Noting that the initiative was being copied elsewhere, such as in Long Island, he added, ”We’re going to save hundreds and maybe ultimately, thousands of lives.” More : query.nytimes.com |