ROADS SAFER AS A RESULT OF  “ARTICLE 36” VEHICLE SEIZURES

WHEATON – In an effort to reduce recidivist D.U.I. and D.U.I related traffic offenses, DuPage County State’s Attorney Joseph E. Birkett, Naperville Chief of Police David Dial, Commander Jeffrey Hedrich of the Illinois State Police – District 2 and Commander Tami Haukedahl of the Illinois State Police – District 15, today announced recent successes in the seizure and forfeiture of vehicles used in commission of State D.U.I. and related crimes.

            Commonly known as “Article 36” (720 ILCS 5/36-1) allows for the seizure and forfeiture of vehicles used in forty-eight separate crimes.  The concept behind Article 36 is that the arrest and punishment of repeat offenders, in far too many cases, does not curb their behavior.  Since the behavior cannot, or will not change, the statute removes the instruments that the offenders use to commit the crimes. 

            “Article 36 is another tool we have at our disposal to help keep our roads safe,” commented Birkett.  “And that is what this is all about, keeping our roads safe and keeping people alive.  With the 4^th of July this weekend, I urge the motoring public, ‘don’t drink and drive’.  If you are going to drink, have a designated driver, call a friend or call a cab, but do not get behind the wheel of a car.  If you do, it could cost you your car, your freedom or possibly your life.”

            So far this year, the State’s Attorney’s Office has filed 417 seizures under “Article 36.”  Of these seizures, an overwhelming majority, 64%, were for charges stemming from Driving While License Revoked or Suspended.  29% of the cases filed were D.U.I. related and the remaining 7% were for other, non-traffic related offenses such as indecent Solicitation of a Child, Murder, Aggravated Battery, Burglary, etc.  The statistics for 2007 are similar with 65% stemming from Driving While License Revoked or Suspended.  31% of the cases filed were D.U.I. related and the remaining 4% were for other, non-traffic related offenses. 

            "Unfortunately, there are those in society who repeatedly drive irresponsibly and threaten the safety of everyone on the road, including themselves,” remarked Chief Dial  “Seizing their vehicle is a good way to hold them accountable for their criminal actions.”

            In 2008, the State’s Attorney’s Office has 394 closed “Article 36” cases.  Of these cases, 66% awarded the vehicle to the seizing agency.  In 22% of the cases, the vehicle was awarded to the lienholder and in 10% of the cases, the vehicle was awarded to the owner.

            “I think the important thing to remember here is this is all about safety.  Our records demonstrate that forfeiture of the offender’s car is an effective deterrent.  Of the more than 2,000 cars we have forfeited only a few of the offenders have been re-arrested for similar crimes.  Deaths on our roadways can be avoided and I am confident that by taking the vehicles away from these repeat offenders, we are saving lives,” concluded Birkett.