Hartrich v. 2010 Harley-Davidson

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A Robinson police officer heard a motorcycle “revving” before observing it making a “very wide” turn, nearly hitting a telephone pole. The officer followed, turned on his emergency lights, and activated his siren, but the motorcycle continued to weave across the road for about 12 blocks before turning into a driveway. The motorcycle was driven by Mark, whose wife, Petra, was a passenger on the back. Mark got off the motorcycle, exhibiting “a strong odor of alcohol,” slurred speech, and poor balance. A breath test revealed his blood alcohol concentration was 0.161, over twice the legal limit. Mark was charged with aggravated DUI and driving without a valid driver’s license. Since 1996, his license had been summarily suspended multiple times; it was revoked following his 2008 DUI conviction. That revocation was extended after he was convicted of driving with a revoked license. Police seized the 2010 Harley-Davidson. The state sought forfeiture (720 ILCS 5/36-1(a)(6)(A)(i)). Petra was shown to be the vehicle’s title owner, although Mark maintained it and had the key. The court entered an order of civil forfeiture, finding Petra’s testimony not credible, and that she consented to Mark driving, knowing he was intoxicated and did not have a valid license. The court rejected her claim that forfeiture constituted an as-applied violation of the Eighth Amendment's excessive fines clause. The Illinois Supreme Court agreed. Petra’s culpability in Mark’s aggravated DUI was far more than negligible and she did not establish the motorcycle’s value for purposes of showing disproportionality. View "Hartrich v. 2010 Harley-Davidson" on Justia Law