He was driving a 2000 GMC valued at $28,000 at the time. The police seized the car and the State’s Attorney then filed its claim that the car be forfeited and sold at auction with the proceeds of the sale going to the arresting agency. When the case went to court, the defendant claimed that the loss of his car was an “unconstitutionally excessive fine” for the offense of driving while license suspended. The trial court rejected that argument.

In its decision late last week, the Appellate Court agreed.  The Court found that the offense of driving while license was suspended for failing or refusing to submit to alcohol testing is an “inherently grave” offense. It concluded that forfeiting the vehicle used by the person whose driving privileges were suspended for these reasons was not “grossly disproportionate” and was an appropriate punishment.

The Court went on to state that “[the defendant] has shown himself to be without sufficient inclination or discipline to comply with the suspension of his driving privileges.  Hopefully, taking away his vehicle will more effectively accomplish what taking away his driving privileges did not: keeping him off the road.”