OWI Vehicle Forfeiture

OWI FORFEITURE ***PASSED BY THE LEGISLATURE IN 1998 AND TOOK EFFECT IN 1999 ***LITTLE USED OR UNDER-USED

MCL n PROVIDES FOR FORFEITURE IF MCL n PROVIDES FOR FORFEITURE IF: OWVI OR OWI 1 ST (INCLUDING DRUG DRIVING) OWI 2 nd offender OWI 3 rd 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 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 START WITH 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 cannot access it. Complete paperwork. Submit case for prosecution IMMEDIATELY.

Who is an “owner” of the vehicle / MCL A person who holds legal title of a vehicle (R/O in LEIN) –There may be multiple owners on the title, that is okay, we can still forfeit the ownership rights of the drunk driver Any person, firm, association, or corporation renting a motor vehicle or having the exclusive use of that vehicle for a period greater than 30 days. A person who has the immediate right of possession of a vehicle under an installment sale contract.

Evidence of “ownership” SEARCH THE VEHICLE! –should done pursuant to impounding the vehicle anyway Photos of the interior of the vehicle and trunk –photos may be very important later if the “owner” contests the forfeiture Clothing (work clothes) and personal items CDs, tapes Mail, receipts, other paperwork –Look in glove box for documentation about who has been maintaining the vehicle, oil changes etc. Ask questions

How much extra work FOR POLICE DEPARTMENTS? Probably no additional court time Paperwork: two additional forms Post-arrest Seizure of Vehicle (slightly more involved, but rare, we have only had to do this once)

COMPLETE PAPERWORK GIVE TO THE DEFENDANT! COPY THE PROSECUTOR GIVE TO THE DEFENDANT! COPY THE PROSECUTOR

Summarize your ownership investigation here

IMPOUND WITH APPROVED IMPOUND LOT NO ONE DRIVES IT HOME

PROSECUTOR ROLE Review these types of cases on an expedited basis Charge and seek Order of Seizure w/in 72 hours of seizure.Order of Seizure Have officer submit seizure order with warrant Review these types of cases on an expedited basis Charge and seek Order of Seizure w/in 72 hours of seizure.Order of Seizure Have officer submit seizure order with warrant

continued Notify Tow Company immediately once Order is signed so they do not release the vehicle Serve copy of Seizure Order on defendant Wait for contact by defendant regarding vehicle –Meet with defendant and conduct buyback or releasebuyback release

No buy back / Motion for Return Not used much here in St. Clair County Defendant who is owner may file a motion to require seizing agency to file a lien against the vehicle and return it pending disposition of the criminal proceeding. –Needs to show necessary to use vehicle If ordered, defendant is required to file a bond in an amount equal to the retail value of the vehicle.

If no buyback or release Within 14 days after conviction, the file a petition with the court for forfeiture of the vehicle or to have the court order return of a leased vehicle to the lessor. petition Give notice to defendant, attorney, all owners of vehicles, any anyone holding a security interest in the vehicle

continued Appear at sentencing and advocate for forfeiture Provide Court with Order

WHAT UNIT OF GOVERNMENT St Clair County

LIQUIDATION OF VEHICLE TOW YARD BILLS LOGISTICS OF VEHICLES & IMPOUND LOTS AUCTIONS BID NET OR OTHER INTERNET

Priority of Proceed payments MCL n(7)(a)—(g) Pay outstanding security interest (7)(a) Pay proper expenses of forfeiture and sale including seizure, storage fees, advertising (7)(f)

$$ MONEY DIVISION $$ Balance remaining distributed to the unit(s) of government substantially involved in effecting the forfeiture –25% to victim rights –75% to be used to enhance enforcement of the criminal laws

List of SCAO forms Motion and Order to Seize Vehicle Subject to Forfeiture (mc63.pdf) (circuit, district)(mc63.pdf) Notice of Intent to Forfeit Vehicle (mc64.pdf) (circuit, district) Order on Claim of Interest on Vehicle Seized for Forfeiture (mc68.pdf) Order to Return/Forfeit Vehicle After Sentencing (mc69.pdf)(mc64.pdf)(mc68.pdf) (mc69.pdf)

Stephen Guilliat St. Clair County /