Washington Times-EDITORIAL • May 8, 2000
Reckless in New York
The latest polls show Rudy Giuliani in a dead heat with his
senatorial opponent, first lady Hillary Rodham Clinton — his
recent cancer prognosis notwithstanding. Mrs. Clinton may not be
the Joan of Arc of civil liberties — but it could very well be
that she is benefiting from public weariness with some of the
more ill-advised tactics of Mr. Giuliani. While Mr. Giuliani has
done wonders for the crime rate in New York, sometimes it seems
that ordinary citizens are getting caught in the excitement
rather than the criminals.
It seems Mr. Giuliani is expanding the already questionable
use of civil asset-forfeiture laws to include nonalcohol-related
traffic offenses. Now, not only suspected drunk drivers, but
those who speed or otherwise drive "recklessly" are in the gun
sights. Mr. Giuliani has been criticized for employing asset
seizure/forfeiture laws, originally intended to put the arm on
drug dealers and organized crime, to pursue ordinary citizens
who, at most, have committed misdemeanor offenses. The kicker is
that city police have been seizing cars at the point of arrest —
not conviction — and even if the vehicle's owner is subsequently
found not guilty or the charges are dropped, it is up to him to
embark upon a labyrinthine process through the civil courts to
recover his car or truck. This can takes weeks, even months — and
plaintiffs are still not assured of recovering their vehicle, as
the absence of a conviction (that is, legal innocence) is not
deemed a sufficient reason to return it automatically.
This over-the-top "get tough" program is now to be applied
to such offenses as driving at more than twice the posted speed
limit and other offenses deemed "reckless" or "hazardous" by New
York. One problem with this — aside from the obvious
constitutional issue of depriving any person of a piece of
property prior to any conviction without due process of law — is
that the traffic offenses subsumed under this category are
overbilled and inflated. "Hazardous" driving can include such
things as talking on a cell phone, fishing around for something
in the glove box and other actions that, while not to be
encouraged or dismissed, are at the same time not necessarily
sociopathic, either.
In New York, the standard is a little higher — but not much.
Those who commit — oops — are charged with three "hazardous
driving" violations at the same time, or who are charged with
driving at more than twice the posted speed limit, are to be
subject to the asset-forfeiture proceedings.
While no one endorses dangerous or inattentive driving,
surely confiscating a vehicle for what is, let's be perfectly
clear, at worst a misdemeanor traffic offense involving no
injury, property damage or criminal intent is, to say the least,
a tad excessive. One could physically assault someone, shoplift,
snatch a purse, break into a car — and probably suffer less in
terms of real-world consequences than the poor middle-class slob
who loses his $35,000 sport utility vehicle.
Excessive? Arbitrary? Capricious? Not to Mr. Giuliani. "If
you get arrested for reckless driving to the point where we can
charge you with a misdemeanor," says Mr. Giuliani, "we're going
to take your automobile from you. And we're going to take your
automobile from you because we're entitled to it . . ."
Note the language. According to Mr. Giuliani, the City of
New York is "entitled" to your vehicle — a piece of property that
can be worth $30,000-$60,000 or more, depending upon what you
drive — if you commit a misdemeanor traffic offense. Mr. Giuliani
is wrecking private-property rights, and he may pay for it at the
polls.
=================================================================
Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT
FROM THE DESK OF: <[EMAIL PROTECTED]>
*Mike Spitzer* <[EMAIL PROTECTED]>
~~~~~~~~ <[EMAIL PROTECTED]>
The Best Way To Destroy Enemies Is To Change Them To Friends
Shalom, A Salaam Aleikum, and to all, A Good Day.
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