Lawmakers want to seize cars of speeders

By Scott Ishikawa
Advertiser Transportation Writer

While police plan to crack down on speeders Labor Day weekend, two legislators said they will push for laws allowing police to seize or impound vehicles used in street racing.

•	Police are seeking additional witnesses to Sunday's traffic fatality and are asking witnesses to call the traffic division at 529-3499, or CrimeStoppers at 955-8300.

But Kawamoto said similar legislation in past years to impound cars has been discouraged by some, including the police. And Gov. Ben Cayetano yesterday was doubtful that confiscating vehicles would prevent people from speeding or racing.

The debate comes after a 58-year-old woman was killed Sunday when her family van was struck by a car whose driver was allegedly racing other drivers along the H-1 Freeway near Kaimuki. The death of Elizabeth Kekoa has touched off a storm of anger and frustration by motorists who say young racers in low-slung, souped-up compacts on O'ahu freeways are a growing danger.

The driver of the car in the H-1 crash, Nicholas Tudisco, was arrested on suspicion of second-degree negligent homicide and released. He has not been charged.

The proposed law could be similar to one passed in California in 1998 to punish those caught street racing and leading police on high-speed pursuits. Anyone convicted of driving faster than 100 mph may have their vehicle impounded up to six months for a first conviction, and up to a year for a second or subsequent conviction.

Los Angeles Police Department spokesperson Guillermo Campos said allowing the police to impound vehicles gives them another weapon to deal with speeders.

"We've had a half-dozen speeding-related fatalities since 1995, and we believe the laws and an aggressive program have kept that number down," Campos said. "When you have your car impounded and have to pay a fine to get it back, that hurts as well."

But Kawamoto said police have opposed bills to impound vehicles of drunken drivers or those without insurance, saying they lacked the space.

Police may be reconsidering. Honolulu Police Maj. Robert Prasser of the department's Traffic Division suggested that the law target drivers caught racing who were involved in fatalities or major crashes would have to forfeit their vehicles.

The proposed law would be similar to forfeiture laws in drug cases in which property can be confiscated and sold at auction.

"We may have to work with the tow companies to house some of the cars," Prasser said. "That's one way in which it might work."

But Cayetano said he wasn't sure if the idea would work.

"If anything is done, maybe it should be more education ... but these people will do some of these things because they are young," Cayetano said. "And I think that we can expect that. I don't think that confiscating vehicles is going to prevent this. No matter how safe we design the freeways, it still boils down to the individual and how the individual drives on the freeways.

"There are some penalties that are in place right now. The young man, if he is found guilty of negligent homicide, will be punished far beyond what's there right now."

Prasser said police were still looking for witnesses to the Sunday accident, but said "investigators have enough information to move the case forward."

Attorney Michael Green, who is representing Tudisco, said his client has no recollection of the accident. Witnesses said he was driving more than 100 mph when he lost control and struck a guardrail, spinning into Kekoa's van.

Green would not comment.

"I'm going to wait until I get the police investigation reports," Green said.

Prasser said police will begin a crackdown on speeders this weekend, along with its usual roadblocks to check for drunken drivers.

"The phones have been ringing off the hook with tips on possible racing areas — from East O'ahu to the backroads of Waialua — and we've been passing them on to our patrol units," Prasser said.

Prasser said police are also working with the state Department of Transportation to deal with street racing. Some of the ideas involve uses of the HPD helicopter, including one that would clock racers.

"We're trying to think out of the box right now," Prasser said.

Advertiser Staff Writers Lynda Arakawa and Brandon Masuoka contributed to this report.

Reach Scott Ishikawa at 525-8070 or sishikawa@honoluluadvertiser.com