Wayne County Prosecutor, Forfeiture Division, Releases Vehicle Seized for "OWI PUSH-OFF"
Our firm is pleased to announce its first victory against the Wayne County Prosecutor's new vehicle forfeiture policy.
Following a vehicle forfeiture described as an "OWI PUSHOFF," both the Wayne County Prosecutor's Office and Belleville Police Department released a vehicle seized under the policy within 24 hours of a district court judge's approval of a show cause order against those agencies.
The attorneys at William J. Maze, PLC, have been arguing in the district courts since October that the new policy attempts to improperly adopt controlled substance "push-off" policies that permit vehicle seizures without due process.
Michigan's drunk driving laws detail when and how a vehicle seizure can occur based upon a drunk driving charge. The Wayne County Prosecutor's Office is not complying with these strict procedures, and district court judges are starting to agree.
The case, Nutall vs. City of Belleville Police Department, remains pending for a determination of monetary damages due to the owner of the unlawfully seized vehicle.
Money's Not An Issue?
Although the new drunk driving law was purportedly passed unanimously in order to avoid losing federal dollars for highway construction estimated at $91.8 million over four years, the state legislature snuck in additional fines amounting to an annual $124.8 million tax increase on its otherwise law-abiding citizens via the "driver responsibility program" act.