OWI Vehicle Forfeiture - Prosecuting Attorneys Association of 奥维车辆没收-检察官协会.pptVIP

OWI Vehicle Forfeiture OWI FORFEITURE ***PASSED BY THE LEGISLATURE IN 1998 AND TOOK EFFECT IN 1999 ***LITTLE USED OR UNDER-USED MCL 257.625n PROVIDES FOR FORFEITURE IF: OWVI OR OWI 1ST (INCLUDING DRUG DRIVING) OWI 2nd offender OWI 3rd offender OWI where there is an occupant under 16. OWI that causes serious injury OWI that causes death DWLS Causing Injury DWLS Causing Death When DO we forfeit? BOTH STATUTORY AND POLICY DRIVEN POLICY IN ST. CLAIR COUNTY - Any OWI 2nd offender Any OWI 3rd offender Any OWI (even first offense) where there is an occupant under 16. Any OWI that causes serious injury Any OWI that causes Injury or Death DWLS Injury or Death Why should we forfeit? Strong Deterrent for Repeat Offenders. Separates the drunk driver from his “weapon!” Can be a significant source of INCOME for police department and prosecutor. Not much extra work – court decides at sentencing How To Implement OWI Forfeiture Program What we did in St. Clair County Talk to police agencies Talk to your Judges – educate them on this law Talk to commissioners and local elected officials about the proposed program Implementation continued Tow yard and storage Start out with one police agency Train them Pilot program needs to be done perfectly One APA to begin with Overview of how a vehicle is Forfeited Vehicle is seized at the time of arrest Prosecutor’s office meets with Defendant Settles out of court (BUY BACK) OR proceeds with forfeiture through the court system If forfeiture is successful proceeds are split pursuant to statute between Police Department and Prosecutor’s office WHERE DO YOU STARTWITH AN OWI FORFEITURE? POLICE INVESTIGATION LAW ENFORCEMENT PROCEDURE Address the issue of OWI Vehicle Forfeiture at every stop. Gather evidence of ownership. Impound vehicle. Always impound the vehicle, do not allow the vehicle to be parked or someone else, maybe a passenger, to drive the vehicle. Once vehicle is impounded, it stays locked. Suspect