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The Honolulu Advertiser
Posted on: Tuesday, April 23, 2002

Concerns of harshness surround racing bill

By Lynda Arakawa
Advertiser Capitol Bureau

Support is shaky at the Legislature for a bill that would allow judges to confiscate cars from drivers who repeatedly race or drive recklessly on highways.

House lawmakers are resisting imposing such a penalty, saying it is too harsh. The Senate wants to confiscate vehicles used in a driver's third racing offense.

"We don't think it's necessary," said Rep. Joe Souki, D-8th (Waiehu, Ma'alaea, Napili), the Transportation Committee chairman. "We think the fines are severe enough, and there are possible liability problems. It sounds nice, it's something the public wants, but there are some other areas we need to clear up before we do that."

The House is concerned about situations in which the offender is driving someone else's car, which could mean a car could be taken from an innocent person.

In support of the bill, Sen. Cal Kawamoto, D-19th (Waipahu, Pearl City), Transportation, Military Affairs and Government Operations Committee chairman, said a car used in the third offense would be subject to forfeiture, meaning that judges would still have discretion on whether to confiscate the vehicle. He also said people would probably refuse lending their cars to someone who has been cited twice for racing.

"Knowing that this guy has been caught twice for racing, it would be a cold day in hell before I lend him my car," he said, adding that the threat of losing a car is necessary to deter reckless drivers.

Reach Lynda Arakawa at larakawa@honoluluadvertiser.com or at 525-8070.