Prosecutor May Seize Cars Of Repeat Offenders
July 28, 2016 at 4:25 p.m.
The county prosecutor plans to investigate the legality of seizing the cars of habitual traffic offenders and drunk drivers.
Kosciusko County Prosecuting Attorney David Kolbe is researching the seizure laws to see if it is possible to seize the vehicles repeat offenders are driving when they are arrested.
"If the law permits us, we fully intend to seize," said Kolbe. "If it does not, we're going to start working with the legislature to change the law to add it."
The state law allows the prosecutor to seize cars used to transport stolen property over $100 or instruments used to commit a crime. Kolbe wants to apply this law to cars used by drunken drivers.
"I think we have a lot of public support for this law," Kolbe said.
If the law is allowed to apply, Kolbe plans to apply it to drunk drivers with three or more OWI felonies, habitual traffic offenders who drive even with their license suspended, and offenders who drive even with their license taken away for life.
The vehicle would be seized when the felon is charged and booked. It could then be used in law enforcement or sold at auction with the proceeds going back to the law enforcement agency or their programs.
Another controversial part of Kolbe's plan is his idea to seize the vehicle even if it does not belong to the felon. He said they would be more likely to take a vehicle if the owner loaning the vehicle knows the driver is intoxicated or has a suspended license and gives him the vehicle anyway.
Kolbe expects a decision by the Prosecuting Attorneys Council sometime next week on whether he can begin to implement his plans.
Kolbe also plans to start hitting drunk drivers with child-neglect charges if they are caught driving while intoxicated with a minor in the car. [[In-content Ad]]
The county prosecutor plans to investigate the legality of seizing the cars of habitual traffic offenders and drunk drivers.
Kosciusko County Prosecuting Attorney David Kolbe is researching the seizure laws to see if it is possible to seize the vehicles repeat offenders are driving when they are arrested.
"If the law permits us, we fully intend to seize," said Kolbe. "If it does not, we're going to start working with the legislature to change the law to add it."
The state law allows the prosecutor to seize cars used to transport stolen property over $100 or instruments used to commit a crime. Kolbe wants to apply this law to cars used by drunken drivers.
"I think we have a lot of public support for this law," Kolbe said.
If the law is allowed to apply, Kolbe plans to apply it to drunk drivers with three or more OWI felonies, habitual traffic offenders who drive even with their license suspended, and offenders who drive even with their license taken away for life.
The vehicle would be seized when the felon is charged and booked. It could then be used in law enforcement or sold at auction with the proceeds going back to the law enforcement agency or their programs.
Another controversial part of Kolbe's plan is his idea to seize the vehicle even if it does not belong to the felon. He said they would be more likely to take a vehicle if the owner loaning the vehicle knows the driver is intoxicated or has a suspended license and gives him the vehicle anyway.
Kolbe expects a decision by the Prosecuting Attorneys Council sometime next week on whether he can begin to implement his plans.
Kolbe also plans to start hitting drunk drivers with child-neglect charges if they are caught driving while intoxicated with a minor in the car. [[In-content Ad]]