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If motorists drive without a valid license or under the influence in Westmont, not only could they get arrested, they could have their vehicle seized as well.
The Village Board approved an ordinance Monday, Nov. 16, allowing the Westmont Police Department to impound vehicles until a $500 fee is paid for motorists charged with drunken driving, driving with a suspended or revoked license, or no valid or expired license or insurance for one year.
Police Chief Tom Mulhearn said the purpose of the ordinance is to create safer roads in the village by not allowing drivers to operate vehicles illegally.
The ordinance covers only those offenses, and the person who owns the vehicle would be assessed the fine to recover it, Mulhearn said. The owner is also responsible for the cost of the towing.
The village also would hold an administrative hearing process allowing violators to challenge the fine, if they feel it was taken without due process, Mulhearn said.
The hearings would be held at the same time as the red light camera hearings, which are conducted monthly, police said.
“According to the ordinance, If someone wants to contest the seizure, they would have 10 days to ask the village for a hearing,” said village attorney John Zemenak. “They would then be assigned a date for the hearing.”
The $500 fee is the maximum allowed by state law, Mulhearn said.
“This is something we have been discussing for quite awhile,” he said. “Only those municipalities with home-rule status can access a fine like this so not all villages will be able to do this.”
Downers Grove enacted a similar ordinance several years ago. Westmont’s provisions goes into effect Jan. 1.
Before the ordinance was approved, police could only have cars for those crimes towed and held for up to 48 hours, and only could impound vehicles for drug offenses and other more-serious crimes, police said.
Even if the charges are later dropped by the DuPage County state’s attorney’s office or the suspect is found not guilty, they still would be required to pay the fine, since the seizing of the car and the court process are two separate incidents , Mulhearn said.
Village Trustee Ellen Emery said the issue of seizing vehicles in arrests like these has been challenged, and the U.S. Supreme Court recently heard a case about it, although no decision has been made by the court on the issue. The village will have to monitor that decision, she added.
If motorists drive without a valid license or under the influence in Westmont, not only could they get arrested, they could have their vehicle seized as well.
The Village Board approved an ordinance Monday, Nov. 16, allowing the Westmont Police Department to impound vehicles until a $500 fee is paid for motorists charged with drunken driving, driving with a suspended or revoked license, or no valid or expired license or insurance for one year.
Police Chief Tom Mulhearn said the purpose of the ordinance is to create safer roads in the village by not allowing drivers to operate vehicles illegally.
The ordinance covers only those offenses, and the person who owns the vehicle would be assessed the fine to recover it, Mulhearn said. The owner is also responsible for the cost of the towing.
The village also would hold an administrative hearing process allowing violators to challenge the fine, if they feel it was taken without due process, Mulhearn said.
The hearings would be held at the same time as the red light camera hearings, which are conducted monthly, police said.
“According to the ordinance, If someone wants to contest the seizure, they would have 10 days to ask the village for a hearing,” said village attorney John Zemenak. “They would then be assigned a date for the hearing.”
The $500 fee is the maximum allowed by state law, Mulhearn said.
“This is something we have been discussing for quite awhile,” he said. “Only those municipalities with home-rule status can access a fine like this so not all villages will be able to do this.”
Downers Grove enacted a similar ordinance several years ago. Westmont’s provisions goes into effect Jan. 1.
Before the ordinance was approved, police could only have cars for those crimes towed and held for up to 48 hours, and only could impound vehicles for drug offenses and other more-serious crimes, police said.
Even if the charges are later dropped by the DuPage County state’s attorney’s office or the suspect is found not guilty, they still would be required to pay the fine, since the seizing of the car and the court process are two separate incidents , Mulhearn said.
Village Trustee Ellen Emery said the issue of seizing vehicles in arrests like these has been challenged, and the U.S. Supreme Court recently heard a case about it, although no decision has been made by the court on the issue. The village will have to monitor that decision, she added.
Emery also said the administrative hearing process, which is done on a monthly basis, could mean someone could lose their vehicle for up to a month if they choose to contest the process.
Mulhearn said if someone needed the car before the hearing, they could post the $500 bond on that vehicle, and, if the seizure is overturned during the hearing, the money would be refunded.
The ordinance also allows the police to regulate towing companies that will tow the seized vehicles, and those companies would be chosen through a bidding process.
By the numbers
598 Vehicles that towed by the Westmont Police Department in 2008 that would now be impounded under the new ordinance.
406 Vehicles towed as of Oct. 1 in 2009.
$299,000 Revenue based on the 2008 towed vehicles that would be brought in under the new $500 per vehicle seizure fee.
$203,000: Revenue for 2009 as of Oct. 1, had the fee been in place.
