In a recent case from the Illinois Appellate Court, Fifth District, in The People ex. rel. Mathew Hartwich v. 2010 Harley Davidson, 2016 Ill. App. (5th) 150035, it was held that Courts must consider whether a forfeiture is an excessive penalty considering the crime committed.
In this case, a married couple drove to a bar. The motorcycle, a Harley Davidson valued at $35,000, was owned exclusively by the wife. The wife drove the vehicle to the bar, where she did not drink. However, her husband, who became intoxicated, insisted on driving home. He was stopped by police and charged with felony aggravated driving under the influence, because he did not possess a valid driver’s license at the time. He had only driven 12 blocks to his home. He had a blood alcohol level of 0.161, twice the legal limit.
The State filed for a vehicle forfeiture. In Illinois, a vehicle can be forfeited if used in the commission of an aggravated DUI or driving while revoked, and the revocation was based upon a prior DUI conviction. Vehicles can be forfeited even if the owner was not operating the vehicle, so long as he or she knew of the illegal use of the vehicle and consented to it.
The Court found that the forfeiture in this case was grossly disproportionate to the underlying offense of aggravated DUI. To support its finding the Court emphasized three factors: 1) that the owner of the vehicle was not the person who committed the offense; 2) the husband only drove 12 or 13 blocks from the bar to their home and 3) the Harley had an estimated value of $35,000