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Old 08-16-2007, 11:19 PM
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Join Date: Aug 2007
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DUI Not Guilty and Vechicle Seized


What is the name of your state? Illinois

I got a DUI 1st offense mid '06 which I got not guilty for, paid my fines, and was out of my mandatory 6month suspension for not taking the breathalyser. I was told I didn't need to pay a reinstatement fee since the verdict was not guilty and a week after paying my fines my license should be valid again.

I thought the DUI was months behind me until:

I was on my way to work and noticed a cop behind a gas station i passed daily, he was in the same spot the day prior. I needed some smokes so I pulled in the front entrance, parked, and proceeded to get out and close my door, he pulls up and says are you "John Doe" I said yes, he says is your license suspended? I said not to my knowledge, he said it was. He cuffed me and put me in the back of the cop car. After searching through my car they asked me what year it was, I replied 0* they said thats not what the plates are registered to, I replied I just purchased the vechicle and that I just got the notice from the post office saying my title was there and I was on my way to pick it up and transfer it and change the registration now that I have the title. The officer took me to the station, did all the usual and paid my bail. My buddy was waiting for me to pick me up, the officer said to get the title and came back to show them the car was in fact mine. My friend and I went and got the title, returned to the police station and I showed the officer who pulled me over, he said I'll be right back and he returned with another officer "higher rank" and said that they are seizing my vehicle. I asked for my title back he said no, I replied thats my document I would like it back, no again, I replied thats the only document besides the bill of sale that I have that says I own that vehicle and I demand it back. I finally got him to make a copy of it for me.

Can this legally happen? I am aware of the seizure of vehicle law if found driving under a DUI suspension "which is what there systems were reporting" but I was found not guilty for the DUI and received the mandatory 6 month suspension for failure to blow and it was still suspended because I was illadvised on paying the reinstatement fee. Shouldn't this suspension not fall into the seizure category and be treated as a standard suspension?

Any advice would be greatly appreciated. . . Thanks in advance.What is the name of your state?
  #2  
Old 08-17-2007, 01:50 AM
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Join Date: Aug 2007
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I've been researching and trying to make sense of the vehicle code all day, going into mourning. I found this very interesting:

(625 ILCS 5/2‑111) (from Ch. 95 1/2, par. 2‑111)
Sec. 2‑111. Seizure or confiscation of documents and plates.
(a) The Secretary of State is authorized to take possession of any certificate of title, registration card, permit, license, registration plate, plates, disability license plate or parking decal or device, or registration sticker issued by him upon expiration, revocation, cancellation or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued. Police officers who have reasonable grounds to believe that any item or items listed in this Section should be seized shall request the Secretary of State to take possession of such item or items.
(b) The Secretary of State is authorized to confiscate any suspected fraudulent, fictitious, or altered documents submitted by an applicant in support of an application for a driver's license or permit.
(Source: P.A. 93‑895, eff. 1‑1‑05; 94‑619, eff. 1‑1‑06.)

That means they took my vehicle title illegally correct?
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