Court splits on vehicle forfeiture as ‘excessive’ in drunk driving case

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 20, 2022 12:06 PM

As Chicagoans watch the morning news, it isn’t unusual to see videos of drag racing by reckless goofballs who deserve to have their vehicles forfeited. But as a split decision from the Ohio Supreme Court shows, there can be serious disputes about whether such forfeitures violate the Eighth Amendment’s excessive fines clause.James O’Malley was driving his 2014 Chevrolet Silverado when he was busted for drunk driving in 2018. Because this was his third strike in 10 years, the vehicle was subject to …

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