New DUI forfeiture opinion upholds forfeiture of Wife’s Harley driven by Husband

The Illinois Supreme Court has reversed an Appellate Court ruling that I previously discussed on this blog.

In the case, a husband and wife went drinking.  The husband’s license had already been suspended for drunk driving.  The wife claimed that she had been the driver of the motorcycle, but when the left the bar to go home, her husband, who had a key fob, got on their Harley Davidson first and refused to relinquish control.  He was later arrested with DUI with a BAC of twice the legal limit, and the vehicle was forfeited.

The Appellate Court held that the forfeiture was unconstitutional, considering that the wife had paid $35,000 for the bike and that she was not the one violating the law.

On further appeal to the Illinois Supreme Court, the Court noted that the actual value of the vehicle at the time of the forfeiture had not been proven during the forfeiture hearing, only the cost of purchase four years earlier.  It also held that the wife bore some degree of culpability for this occurrence, because she knowing consented to her husband driving even though she knew that his license was suspended and that he was intoxicated.

Read the Opinion here:  The People of the State of Illinois ex rel Matthew Hartrich v. 2010 Harley Davidson, 2018 IL 121636 (February 16, 2018).

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