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News (Media Awareness Project) - US IL: Editorial: Repeal Impound Fee Law
Title:US IL: Editorial: Repeal Impound Fee Law
Published On:2004-05-20
Source:Buffalo Grove Countryside (IL)
Fetched On:2008-01-18 09:36:47
REPEAL IMPOUND FEE LAW

The Buffalo Grove Village Board has approved a law that allows police
to impound the car of anyone charged with driving under the influence
of alcohol or drugs, or driving on a suspended or revoked license
after a DUI conviction.

The law, slated to take effect June 1, states people who are arrested
and charged will have their cars immediately impounded -- before they
have their day in court. Motorists can get their car back by paying a
$500 nonrefundable fee. So whether found innocent or guilty, it is
going to cost everyone $500.

The law is misguided, and one that we cannot support.

For a legal system built on the principle that everyone is innocent
until proved otherwise, this law is flawed. It punishes motorists
before a court of law rules on their guilt or innocence.

Also, the law is not needed -- it does nothing to improve public
safety. We don't see how it will deter someone from drinking and driving.

However, it does allow the village to make money, a "revenue
enhancer," as it is called in governmental parlance.

It used to be that the village would not make any money for the towing
and impounding of the vehicle involved in a DUI. The towing company,
when one was called, would get the money that the motorist paid for
the service.

After June 1, the village expects to collect about $250,000 annually
in impound fees. The new law is a win-win situation for the towing
companies, who will waive their impound fees because they will get
more business from the mandatory towing of vehicles.

One could argue, then, that the reason for the law is based more on
generating revenue than deterring driving under the influence, which
is what village officials say they are trying to do.

Even if the village decided to amend the law and return money for
those found not guilty of DUI or guilty of a lesser charge, the law
would not be any more palatable. Refunds would create a bureaucratic
nightmare.

Anyway you look at it, the law should be repealed. But that seems
improbable, since the Village Board approved it by a unanimous vote.

Every law on the books holds people accountable for their actions.
This new law, however, does not hold local government and law
enforcement officials accountable for their possible errors or
transgressions.

Other than providing another revenue source for the village, there is
no reason for this law.
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