Pubdate: 25 Feb. 1999 Source: Chicago Tribune (IL) Copyright: 1999 Chicago Tribune Company Contact: http://www.chicagotribune.com/ Forum: http://www.chicagotribune.com/interact/boards/ Author: Steve Chapman Section: Sec. 1 CROSSING THE LINE "Compassionate conservatism" is the slogan of possible Republican presidential candidate George W. Bush, but Rudy Giuliani will have none of that. The New York mayor prefers his conservatism to be merciless. He seems to lie awake nights wracked with fear that someone will accuse him of not being half as tough as Ivan the Terrible. His newest headline-grabbing policy is to seize the vehicle of anyone arrested for drunken driving in New York City. Now, a politician can never go wrong pitting himself against landlords, pornographers or motorists accused of driving while intoxicated (all of whom the mayor has taken on). But there is such a thing as going overboard for a commendable cause--which would come as a surprise to Giuliani, who shares Mae West's belief that too much of a good thing is wonderful. What's wrong with confiscating cars from anyone stopped for drunk driving? A lot of things. Most conspicuous is that it gets things exactly backward. The long-standing custom in Anglo-Saxon judicial systems is to try the suspect and then impose punishment only if she is convicted. New York has adopted a more primitive approach--punishment first, then trial. This may look like a logical extension of the practice of automatically suspending the driver's license of anyone charged with DWI. But taking away a state-granted privilege is a mild sanction compared to the confiscation of an item of personal property that can be worth $20,000 or $50,000 or $100,000. For comparison's sake, someone convicted of a second offense of drunk driving in New York can be fined no more than $5,000. The mayor's car seizures apply even to first-time offenders. The beauty of Giuliani's approach, as he sees it, is that it doesn't get bogged down in the bothersome demands of due process. The police catch a drunk driver, and boom! He gets his just desserts, on the spot. Judge Roy Bean couldn't do it better himself. The mayor thinks trivia like procedural safeguards and the presumption of innocence are unaffordable luxuries when the cops are chasing bad guys. The fact that police sometimes make mistakes also makes no difference to Giuliani. So even the innocent will lose their cars, at least for a while. And maybe longer. If you're acquitted of the drunk-driving charge, or if the prosecutor drops the case, you might assume you'll get your car back, along with a polite apology. Wrong. You will have to hire a lawyer, at considerable expense, and go to civil court to persuade a judge to return your vehicle. There, the cops don't have to prove your guilt--you have the burden of proving your innocence. The whole business may take months. But New York City Corporation Counsel Michael Hess wastes no sympathy on innocent motorists unjustly deprived of their means of transportation. "They're not going to be able to get the car back very easily," he promised. "That's the whole purpose of the program." Under the Giuliani administration, even those who have done nothing wrong are treated like criminals. That includes people who weren't even driving, much less driving drunk. Sgt. Cory Cuneo, a spokesman for the police department, says that it normally won't seize rental cars or other cars not registered to the driver. But it will go after a vehicle if the owner "lent the car to someone who was drunk or someone who was going out drinking." You read that right. If you give your keys to a visiting relative so he can meet a friend for a glass of wine, you will be held responsible if he ends up sloshed and behind the wheel. It may be argued that the confiscation is not punishment but prevention. By taking away the drunk's car, you keep him from repeating his crime. But as University of Chicago law professor Albert Alschuler points out, simply revoking licenses is enough to keep all but the most unregenerate lawbreakers off the road. Confiscation of vehicles has a role in combating drunk driving, but a limited one--as a means of disabling chronic offenders after they have been tried and convicted. But Giuliani is not content with targeting the most dangerous motorists. For that matter, he's not content with targeting just drunks. He wants to intimidate even responsible drinkers. "If you've had even one drink," he said, "you should find somebody else to drive your automobile, or you should stay where you are or use public transportation. We have to find every possible way to get that message across to people." For years, purveyors of liquor have tried to muddy the debate by insisting that advocates of stricter drunk-driving laws wanted to stamp out even harmless social drinking. Now, a leading public official has confirmed the allegation. That typifies his attitude toward any evil he identifies. In Giuliani's world, moderation in the pursuit of justice is no virtue. - --- MAP posted-by: Derek Rea