He was drunk. The government took his $31K truck. Ohio Supreme Court says that's OK. (original) (raw)
After being convicted of drunk driving for the third time in 10 years, the government took away Medina County resident James O'Malley's 2014 Chevy Silverado, which was worth $31,000 and was his only significant asset.
O'Malley challenged the state law that allows the government to seize vehicles used in crimes. He argued it violated the Eighth Amendment to the U.S. Constitution by requiring him to pay an excessive fine and vehicle owners face forfeiture while non-owners don't face the same penalties.
A divided Ohio Supreme Court on Thursday upheld the state's forfeiture law.
Justice Pat Fischer said there is no simple test to determine if a fine or forfeiture is excessive. “In this case, the severity of O’Malley’s offense, driving drunk on a holiday after already having two convictions for the same conduct, cannot be minimized,” he wrote in the majority opinion.
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In a dissent, Justice Michael Donnelly argued that forfeiture of a $31,000 truck was more than 11 times the maximum fine for misdemeanor drunk driving. Donnelly said research shows high fines don't deter crimes but financial distress can lead to substance abuse and criminal behavior.
On July 4, 2018, a state trooper pulled O'Malley over for suspected drunk driving. He eventually pleaded no contest and was sentenced to jail time, fined $850, license suspension and probation. The trial court also held a forfeiture hearing to take his truck.