Carpentersville trustee suggests impounding cars of DUI motorists

Drivers caught breaking the law in Carpentersville could become a source of revenue for the village, under the proposal of one trustee.

Trustee Judy Sigwalt said she will present a measure for discussion Tuesday night that would allow police to impound vehicles of motorists lacking a valid driver's license or insurance, as well as those driving under the influence of drugs or alcohol.

Violators would then have to pay a hefty fine to the city before retrieving the vehicle.

"This will get dangerous drivers off the street if they are not complying with the law," Sigwalt said. "It won't affect everyone, just those who break the law."

Police Cmdr. Michael Kilbourne said in the first six months of this year, police issued 983 citations for driving without a license and 974 citations for driving without insurance.

The village now contracts a towing company to impound vehicles when necessary -- a potential revenue source Sigwalt said the village should consider.

"Towing companies are making money, why can't the village," Sigwalt said. "We could use this to bring in a revenue stream, which we can always use."

Sigwalt said the details are not yet finalized. Village staff are reviewing similar ordinances from Elgin, Waukegan, Roselle and Hanover Park.

Under Elgin's measure, which the city council adopted last month, police automatically impound a vehicle if the driver is caught without a license or intoxicated. A $250 fine and any other towing costs must be paid before a car is released.

A 2003 ordinance in Waukegan was ruled unconstitutional in 2006 by a U.S. District Court judge in Chicago because the automatic impoundment of a vehicle -- without consideration of alternatives -- was ruled unreasonable.

Although the judge said the ordinance violated Fourth Amendment protections against unreasonable search and seizure, the city was allowed to resume impounding vehicles in January while it appealed the decision.

The Carpentersville proposal likely will face resistance from some board members who say the proposal is riddled with potential problems.

"That could turn into setting goals or quotas to raise revenue for the village," said Village President Bill Sarto. "I don't think we should look at ticketing people as a way of generating money. Law enforcement shouldn't be in the business of raising revenue."

Additionally, Trustee Kay Teeter said the measure could backfire since it would likely affect those who barely meet their living expenses.

"We need to make sure these are collectible fines, not something the village is going to write-off as an uncollected debt," Teeter said. "A lot of the time people who are financially challenged are making decisions like buying groceries or paying for car insurance."