Nassau Law on Seizing Cars In D.W.I. Cases Is Overturned
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A state appellate court has overturned the law under which Nassau County has sold more than 1,500 vehicles seized from drivers arrested for drunken driving. The decision, filed on Monday by the Appellate Division of the State Supreme Court, is the latest of several cases contesting such seizures in Nassau and New York City. A four-judge panel declared Nassau’s 1999 law unconstitutional because it did not provide proper notice, was limited to drunken-driving offenses and was inconsistently applied. Last year a federal court struck down part of the city’s seizure law for not giving prompt hearings. Nassau officials, who say that seizures have cut drunken-driving arrests by 36 percent, are appealing the decision and discussing revising the law to address the court’s objections. The effects of the decision are not immediately clear. Among the questions are whether the police will stop the seizures pending the appeal, whether the county will halt sales of hundreds of seized cars and whether cars already sold will be reclaimed or compensated for. More : query.nytimes.com |