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Old 06-20-2007, 03:48 PM   #1 (permalink)
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Guy passes cop going 127 in a 35. His Viper is now a D.A.R.E car.

http://www.suburbanchicagonews.com/h...ARE_S1.article





Quote:

Driver's felony is D.A.R.E. program gain

A MAN CAUGHT DRIVING 127 MPH WANTED HIS CAR GARAGED. BUT PLAINFIELD POLICE HAD A PLAN FOR THE DODGEE VIPER.



June 18, 2007

By JANET LUNDQUIST Staff Writer

PLAINFIELD -- Patrol Officer Mario Marzetta was about finished running radar on Essington Road on a March afternoon when the catch of the day flew by.

He heard it before he saw it -- the engine of a 2000 Dodge Viper revving high before the car blew by him at 127 mph in a 35 mph zone.


Officer Mario Marzetta stands with the Plainfield Police Department's new D.A.R.E. car. Marzetta was the arresting officer when the 2000 Dodge Viper was seized in March 2006 on numerous traffic offenses.

The driver was eventually charged with felony fleeing and eluding police, while his car became the property of the Plainfield Police Department.

Now the shiny black Viper with a cognac leather interior has a fresh-paint detail and is outfitted with lights, ready to serve as the department's new D.A.R.E. car.

The car's custom paint job was done by Jeff Brown of Todd's Body Shop and features an airbrushed American flag design on the hood. Others who donated services to customize the vehicle include Chicago Communication, Ray O'Herron, Plainfield Signs and Code 3.

The D.A.R.E. car, which will be taken to community events, block parties, parades and schools, will make its public debut Tuesday at Cruise Night in downtown Plainfield. Cruise Night is held every Tuesday night on Lockport Street through Aug. 28.

Attempted getaway

The arrest was made on an afternoon in March 2006. Marzetta chased the joy rider north from 135th to 127th Street, where the Viper swerved left around two cars at the intersection and turned right.

The Viper weaved in and out of an industrial park before the driver hit Weber Road traffic and tried to hide in a nearby parking lot.

As the driver, a Naperville resident, was being fingerprinted -- unaware he was losing his luxury ride -- he asked Marzetta if the car could be stored indoors to shelter it from the elements. The vehicle has 17,000 miles on it and is in like-new condition.

When Marzetta dropped the man off at the county jail, he "thanked" him for the car.

Felony seizures

Vehicles involved in the commission of a felony can be seized, said Community Service Officer Mark Siegel. The department has a lot full of seized vehicles, most of which aren't worth much and are sold at auction, he said.

"It's very safe to say that this is the only seized Viper out there that's a D.A.R.E. car," Siegel said. "It's a once-in-a-lifetime car."

The department's previous D.A.R.E. car was a 1986 Pontiac Firebird seized in 1989. About seven years ago, it was one of six in the nation chosen to be made into Matchbox cars, Siegel said.

"We held onto that one longer than we should have" because of the Matchbox toy, he said, adding that by the end of its run with the department the car was barely driveable.

"Nobody wanted to drive it," he said. "Now I've got to beat them off with a stick."

Marzetta drove the car -- a sleek, 450-horsepower billboard for the police department -- for the first time Thursday.

As he pulled out of the lot, he paused to rev the engine several times.

"No!" Siegel yelled after him. "Remember what you're driving!"






The Plainfield police station is right across the street from my office. You could see the Viper in the lot yesterday.

Bet that dude is devastated. I posted this on another forum that led to a 400+ post debate over whether the police should be allowed to do such a thing.


For the record, a few points:

1) The area he was going 92mph over in borders two subdivisions full of houses and parks. It is not a desolate stretch of road.

2) He was convicted of a felony for trying to elude police.
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Last edited by Borla; 06-20-2007 at 03:51 PM..
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Old 06-20-2007, 04:19 PM   #2 (permalink)
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He should lose the car, no question. When children don't know how to treat their toys, we take the toys away.
I'm also of the belief that anyone with a DUI should lose his or her car for whatever length of time they lose their license, then have to pay dearly to get it back.
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Old 06-20-2007, 04:22 PM   #3 (permalink)
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plainfeld...sounds like joisey...
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Old 06-20-2007, 04:30 PM   #4 (permalink)
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Quote:
Originally Posted by uncle phil
plainfeld...sounds like joisey...
There is a Plainfield, NJ, but the tag says that's somewhere by Chicago..we're in the clear this time.
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Old 06-20-2007, 05:00 PM   #5 (permalink)
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Old 06-20-2007, 06:59 PM   #6 (permalink)
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This falls into that realm of "creative punishment." My gut reaction is that it's a shitty way for the police department to get something that they have no business having just because they could confiscate it from this guy. Should the guy be driving? Hell fucking no. Take his license, put him in jail, put his car in the garage, whatever. Don't parade it around like the spoils of war.

Just a few notes, the police officers knew they were doing something kind of lame and they're definitely playing with their new toy:

"When Marzetta dropped the man off at the county jail, he "thanked" him for the car."

and

"Marzetta drove the car -- a sleek, 450-horsepower billboard for the police department -- for the first time Thursday.

As he pulled out of the lot, he paused to rev the engine several times."

Basically now the police have something cool to joyride in instead of this guy joyriding in it. I don't really see why the police need this or why it serves any purpose in the DARE program (I'll save my feelings about the program itself for another place). The police are not here to plunder. They're here to protect and serve the community. Seizing assets and selling them is one thing. Confiscating someone's property for public use like that stinks.

Last edited by Frosstbyte; 06-20-2007 at 07:07 PM..
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Old 06-20-2007, 07:12 PM   #7 (permalink)
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Quote:
Originally Posted by Frosstbyte
This falls into that realm of "creative punishment." My gut reaction is that it's a shitty way for the police department to get something that they have no business having just because they could confiscate it from this guy. Should the guy be driving? Hell fucking no. Take his license, put him in jail, put his car in the garage, whatever. Don't parade it around like the spoils of war.

Just a few notes, the police officers knew they were doing something kind of lame and they're definitely playing with their new toy:

"When Marzetta dropped the man off at the county jail, he "thanked" him for the car."

and

"Marzetta drove the car -- a sleek, 450-horsepower billboard for the police department -- for the first time Thursday.

As he pulled out of the lot, he paused to rev the engine several times."

Basically now the police have something cool to joyride in instead of this guy joyriding in it. I don't really see why the police need this or why it serves any purpose in the DARE program (I'll save my feelings about the program itself for another place). The police are not here to plunder. They're here to protect and serve the community. Seizing assets and selling them is one thing. Confiscating someone's property for public use like that stinks.
As someone who has driven muscle cars for much of his life, I'll tell you that I agree with you for the most part. However, I also have to think that a $60k sports car seized from someone for felony evading is taken for a good reason. I've been pulled over for some extremely stupid acts, but not charged with felony evading. The guy kind of earned his medicine IMO.
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Old 06-20-2007, 07:27 PM   #8 (permalink)
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I dunno Borla, he should definately lose his license, but seizing property like that makes me awfully nervous.


Personally, I would have set the thing on fire before handing it over.


Also, who exactly is paying to fuel this beast? How about insuring it? Have the tax-payers been consulted? what happens when one of these cops gets a little too giddy and puts this thing into a pole?

Quote:
Siegel said. "It's a once-in-a-lifetime car."
That about sums it up, they HAD to impound it because they'd never have a chance at something like that again! This is BS, complete BS stemming out of an unconstitutional seizure.


If they had taken it and auctioned it off for public good I might be a little more positive, instead what we have here is "Wow thats nice, it's mine."
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Old 06-20-2007, 08:24 PM   #9 (permalink)
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I'm sure you've all heard the phrase, "Driving is not a privilege, not a right," correct? Well, this dude definitely lost his privilege to drive (hopefully forever), and I'm damn glad. I'm also glad they took his car, and even more pleased that they are now using it for good. I don't mind paying taxes for that at all!

Also, if the cops can seize your weapon for doing something very dangerous and stupid with it (like shooting cans off a school fence at night or something), even if nobody was hurt, then why can't they seize your car if you were doing something incredibly stupid and dangerous with it (like going 92mph over the speed limit in a neighborhood where I'm SURE children reside)? He could have very easily killed someone, and I think the police were quite justified in doing what they did.

The fact that they rubbed it in his face only makes the story that much better
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Old 06-20-2007, 08:31 PM   #10 (permalink)
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127 in a 35? Sorry, speedy. I'm not a fan of seizures, but this was truly and amazingly reckless. There's no excuse.
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Old 06-20-2007, 08:38 PM   #11 (permalink)
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I agree that he should lose his liscense but not his ride. At no point in school did I remember the DARE care being a center of the DARE program. I also wonder what they would have done if he had something like a Camry or other boring car? Is it fair to confinscate only the "cool" vehicles?
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Old 06-20-2007, 09:33 PM   #12 (permalink)
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Quote:
Originally Posted by blade02
I agree that he should lose his liscense but not his ride. At no point in school did I remember the DARE care being a center of the DARE program. I also wonder what they would have done if he had something like a Camry or other boring car? Is it fair to confinscate only the "cool" vehicles?
uhm...

Quote:
Vehicles involved in the commission of a felony can be seized, said Community Service Officer Mark Siegel. The department has a lot full of seized vehicles, most of which aren't worth much and are sold at auction, he said.
Yeah, they don't just seize the "cool" cars. Bad argument.
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Old 06-21-2007, 01:07 AM   #13 (permalink)
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I'm not complaining about police seizures. I'm well aware of the fact that police can seize property, especially property that was acquired illegally or used for an illegal purpose. Nor am I complaining that the guy can't drive and is being punished.

I'm complaining that the cops are rubbing it in his face and have basically treated themselves to a Dodge Viper that they have no reason to have. I expect the police to seize such property and dispose of it properly in service of the public. I do not expect them to parade around in seized property, rev engines and generally enjoy taking things from people. The guy is a douchebag and a reckless idiot and has no right to be driving. But I cannot at all condone the police force for rubbing his nose in it simply because he has a nice car instead of a crappy car. They should put it in the lot like every other car their seize, not take it for joyrides for their fancypants Doughnut Abuse Resistence Education program.
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Old 06-21-2007, 04:39 AM   #14 (permalink)
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Quote:
Originally Posted by Frosstbyte
I'm complaining that the cops are rubbing it in his face and have basically treated themselves to a Dodge Viper that they have no reason to have. I expect the police to seize such property and dispose of it properly in service of the public.
Ok...that I'll go along with. I do feel that "the driver" should have had his car confiscated. It was legitimate. He used in in the commision of a felony, and has now forfeited his right to the use of it. Dumbass.

I do, however, feel as though the Plainfield PD just got themselves a new toy. The viper should've been impounded, just like all the rest, and sold at public auction...just like all the rest. Use the proceeds to purchase a more practical and suitable vehicle for their D.A.R.E. program.
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Old 06-21-2007, 06:27 AM   #15 (permalink)
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"127 in a 35?"! By what stretch of anyone's imagination does that leave the wiggle-room to keep your car, no matter what kind it is? Can Camry's go 127?

I wondered at first if this fool was on drugs, and that was why they took the car for this purpose. Since there was no mention I guess it probably is "doughnut abuse". Too bad for the felon.
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Old 06-21-2007, 06:34 AM   #16 (permalink)
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Quote:
Originally Posted by Ourcrazymodern?
"127 in a 35?"! By what stretch of anyone's imagination does that leave the wiggle-room to keep your car, no matter what kind it is? Can Camry's go 127?

I wondered at first if this fool was on drugs, and that was why they took the car for this purpose. Since there was no mention I guess it probably is "doughnut abuse". Too bad for the felon.
According to the article in question, the car was impounded and eventually granted custody to the local PD for this logical and justified "reason":
Quote:
Marzetta was the arresting officer when the 2000 Dodge Viper was seized in March 2006 on numerous traffic offenses.

The driver was eventually charged with felony fleeing and eluding police, while his car became the property of the Plainfield Police Department.

Now the shiny black Viper with a cognac leather interior has a fresh-paint detail and is outfitted with lights, ready to serve as the department's new D.A.R.E. car.
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Old 06-21-2007, 06:43 AM   #17 (permalink)
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Quote:
Originally Posted by Bill O'Rights
Ok...that I'll go along with. I do feel that "the driver" should have had his car confiscated. It was legitimate. He used in in the commision of a felony, and has now forfeited his right to the use of it. Dumbass.

I do, however, feel as though the Plainfield PD just got themselves a new toy. The viper should've been impounded, just like all the rest, and sold at public auction...just like all the rest. Use the proceeds to purchase a more practical and suitable vehicle for their D.A.R.E. program.

From an advertising standpoint, the Viper is going to attract a LOT more attention than a Camry. If nothing else, they can point to the car, say "We got this from a dumbass who did. . . " and maybe impart an object lesson.

At any rate, if it's legal for the cops to seize (i.e. take permanent possession of) the vehicle, then they can do whatever they want with it. If they feel they'll get more value by using it as a PR tool then so be it. And they have some precedent for that - - -when the Italian police got a Lambo Gallardo (free) they attracted a LOT of attention with it.
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Old 06-21-2007, 06:49 AM   #18 (permalink)
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For those that may not know, and also may not care to google,
does the D.A.R.E. program stand for "Drivers Against Reckless Endangerment"

I just am taking an educated guess, mind you...
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Old 06-21-2007, 07:05 AM   #19 (permalink)
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Quote:
Originally Posted by Jetstream
For those that may not know, and also may not care to google,
does the D.A.R.E. program stand for "Drivers Against Reckless Endangerment"

I just am taking an educated guess, mind you...

So. . . only the department that seizes property can do anything with it? That would be kinda silly wouldn't it?
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Old 06-21-2007, 07:10 AM   #20 (permalink)
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Quote:
Originally Posted by Jetstream
For those that may not know, and also may not care to google,
does the D.A.R.E. program stand for "Drivers Against Reckless Endangerment"

I just am taking an educated guess, mind you...
Drug Abuse Resistance Education, as in "D.A.R.E. to keep your kids off drugs".
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Old 06-21-2007, 09:10 AM   #21 (permalink)
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127 in a 35! Of course it should be confiscated. He has proven that he is not capable of handling the machine. It NEEDS to be taken away from him before he kills someone.
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Old 06-21-2007, 10:11 AM   #22 (permalink)
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How does knowing that the police can steal your car if you drive really really fast stop people taking drugs?

Ths makes little sense to a European mind.

Sorry.
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Old 06-21-2007, 10:17 AM   #23 (permalink)
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Quote:
Originally Posted by Daniel_
How does knowing that the police can steal your car if you drive really really fast stop people taking drugs?
The confiscation is for speedy Gonzales. The D.A.R.E. crap is for the kids. If they can associate cool cars with a dopey, 20 year old campaign like D.A.R.E., then maybe they can get kids to stop taking drugs.
Quote:
Originally Posted by Daniel_
Ths makes little sense to a European mind.
How do you think we feel? Police think our kids are so stupid, that simply seeing a Viper is going to stop them from taking drugs. It's embarrassing.
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Old 06-21-2007, 11:32 AM   #24 (permalink)
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Alright so that equates to a $45,265 traffic ticket or $493 for every mile per hour over the speed limit - aren't we as citizens protected from excessive pushiment.

Put him in jail - yes, absolutely!! Steal his car - bullsh*t. I see that as an abuse of power.
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Old 06-21-2007, 11:40 AM   #25 (permalink)
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As a lot of people are saying in the other thread, driving is not a right but a privilege. When he drove in that totally unsafe way, he forfeited his privilege, and current laws to allow for seizure in cases like this.

Justice? This guy should be caned a la the Singapore caning of that douche-bag kid back in 1994, and his car should be replaced by a Geo Metro that can't go over 65. As for his Viper? It should be sold, and he should be given the amount minus the cost of the Geo, and he cannot but another car.
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Old 06-21-2007, 12:02 PM   #26 (permalink)
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If it was a Honda, it would've been crushed.

http://www.foxnews.com/wires/2007Jun...otRods,00.html
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Old 06-21-2007, 12:05 PM   #27 (permalink)
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Quote:
Originally Posted by QuasiMondo
If it was a Honda, it would've been crushed.

http://www.foxnews.com/wires/2007Jun...otRods,00.html
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Old 06-21-2007, 12:06 PM   #28 (permalink)
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Quote:
Originally Posted by willravel
As a lot of people are saying in the other thread, driving is not a right but a privilege. When he drove in that totally unsafe way, he forfeited his privilege, and current laws to allow for seizure in cases like this.
Yeah, but restricting or revoking his driving privileges isn't the same as confiscating his property.

Troit's post put this in perspective for me. If 92 over is a felony, put his ass in jail. Assessing what comes out as a $45000 fine is excessive. It is exacerbated by them keeping his property rather than auctioning it off.
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Old 06-21-2007, 12:13 PM   #29 (permalink)
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The article does say that vehicles involved in a felony can be taken. I wont be shedding a tear that this person lost his toy. Perhaps people would think different about it if he had mown down a child or a grandma in a wheelchair. Thankfully they got him before he did just that.
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Old 06-21-2007, 12:33 PM   #30 (permalink)
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Quote:
Originally Posted by ubertuber
Yeah, but restricting or revoking his driving privileges isn't the same as confiscating his property.

Troit's post put this in perspective for me. If 92 over is a felony, put his ass in jail. Assessing what comes out as a $45000 fine is excessive. It is exacerbated by them keeping his property rather than auctioning it off.
I don't think theft is right, but if you compare that the the potential damage, be it property or human life, the man easily gambled with millions of dollars or more. I know it's not a perfect explanation, but he did gamble with a lot more than $45,000 worth of Viper.

In a perfect world, he gets a Geo fro the rest of his life. What the city did wasn't illegal, though.
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Old 06-21-2007, 04:15 PM   #31 (permalink)
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rofl where i live the dare car is a mustang. maybe it was under the same circumstances...
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Old 06-21-2007, 06:41 PM   #32 (permalink)
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Originally Posted by mobboss
rofl where i live the dare car is a mustang. maybe it was under the same circumstances...
Was gonna say the same thing-there's a Mustang GT DARE car in one of the towns around here. Also, some ricers, a Mercedes or two...
Sorry, Willravel, I just don't consider this 'theft'. It was, as you said, a gamble and he lost. Shit happens. I don't feel an ounce of pity for the moron. I'd be parading the car around too, letting everyone know that if you choose to be an idiot, you chose to lose the toys.
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Old 06-21-2007, 06:49 PM   #33 (permalink)
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I don't have any pity on him. Just above, I suggested he be caned.
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Old 06-21-2007, 07:02 PM   #34 (permalink)
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Quote:
Originally Posted by willravel
I don't have any pity on him. Just above, I suggested he be caned.
Nah...that's violence....you wouldn't spank your kid, you'd take her toys away, put her in time out maybe...just substitute time out for jail time...and a Little Tikes truck for a Viper
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Old 06-21-2007, 07:08 PM   #35 (permalink)
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Quote:
Originally Posted by ngdawg
Nah...that's violence....you wouldn't spank your kid, you'd take her toys away, put her in time out maybe...just substitute time out for jail time...and a Little Tikes truck for a Viper
I'd never spank my daughter, but I'd sure as hell spank someone who drove 127 mpg around her.
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Old 06-21-2007, 09:04 PM   #36 (permalink)
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Originally Posted by willravel
I'd never spank my daughter, but I'd sure as hell spank someone who drove 127 mpg around her.
Exactly. Shame on that person for getting such unbelievable mileage.

As far as I see it, the law is in the books. Regardless of whether the cops had the right to take the dude's car away, he has no excuse for not knowing they could (and would) do so if he was an idiot about it. From that perspective alone, he gets what he deserves. He was stupid, he broke the law with full foreknowledge of the consequences. He now deals with those consequences and the police get a fun new toy.
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Old 06-21-2007, 11:56 PM   #37 (permalink)
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I think it's kinda funny really. I mean, I wouldn't want my property being seized, but I am also not a dumbass driving 92 mph over the speed limit and all that shit. Seriously now. Definitely creative punishment. And I do think it will make a statement to the children the D.A.R.E program is educating. Either way, the dude wasn't getting his car back, best put er to good use.
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Old 06-22-2007, 09:52 AM   #38 (permalink)
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Quote:
Originally Posted by Martian
Exactly. Shame on that person for getting such unbelievable mileage.
Now I'm not going to even edit it.
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Old 06-22-2007, 07:28 PM   #39 (permalink)
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Just a note, the felony is NOT for driving fast. Eveyone is saying that it amounts to a huge speeding ticket. Thats not why the car was taken away.

The felony is for
Quote:
The driver was eventually charged with felony fleeing and eluding police, while his car became the property of the Plainfield Police Department.
If he didn't evade police, he wouldn't have commited a felony, and as such would still have his car.
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Old 06-22-2007, 08:11 PM   #40 (permalink)
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Originally Posted by Gonth
Just a note, the felony is NOT for driving fast. Eveyone is saying that it amounts to a huge speeding ticket. Thats not why the car was taken away.

...

If he didn't evade police, he wouldn't have commited a felony, and as such would still have his car.
Exactly! I speed all the time... well not as much as I used to, but still I do speed. When I was younger I used to speed pretty excessively (been to 127...though not in a residential) and even did some dangerous stupid things before I got some experience. I've been pulled more than a few times too. The point is though, no matter how stupid I was being, the moment I saw the lights, I pulled over as quickly and safely as I could. Got only a warning for 97 one time because I made it easy on the cop. Then I've had some a-holes pull me too, but I certainly never got charged with a felony, and never got my car seized!

The guy committed a felony. The fact he chose to do so in an expensive car instead of a beater doesn't mean he should get less punishment than someone who can only get a $1,000 car and uses it in a crime. Both should lose the property used to commit a crime, be it a car, a gun, a computer, what have you. Commit a felony, lose the means by which you committed it. I don't have a problem with this.
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