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Forfeiture programs in California: why so few?

Raymond Peck¹, Robert B Voas

¹Pacific Institute for Research and Evaluation, 11710 Beltsville Drive, Suite 300, Calverton, MD 20705-3102, USA.

Journal of Safety Research

|September 10, 2002

Summary

Vehicle impoundment laws effectively deter illegal driving. While forfeiture laws show promise for repeat offenders, their enforcement is low, and impoundment alone often yields similar results.

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Area of Science:

Traffic safety and law enforcement
Deterrence theory in criminal justice

Background:

A significant percentage of suspended/revoked drivers continue to operate vehicles illegally.
Many individuals drive without ever obtaining a license, contributing to unlicensed driving issues.

Purpose of the Study:

To evaluate the enforcement levels and impediments of vehicle impoundment and forfeiture programs.
To assess the effectiveness of these sanctions in reducing recidivism and crash rates.

Main Methods:

Phone and in-person interviews with police officers and district attorneys across 17 jurisdictions.
Data collection focused on current enforcement practices and barriers to applying statutory authority.

Main Results:

Most California jurisdictions enforce vehicle impoundments for first-time offenders.
Vehicle forfeiture laws are rarely enforced for repeat offenders due to perceived time constraints and low prosecutorial priority.
Vehicle impoundment often functions as de facto forfeiture as many vehicles are not reclaimed.

Conclusions:

Vehicle impoundment is an effective deterrent against illicit driving, warranting wider adoption.
Enhanced enforcement of vehicle forfeiture for repeat offenders could yield greater safety benefits.
The additional benefits of forfeiture over impoundment may be marginal, as suggested by California's experience.

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