THE 2002 LEGISLATURE
Racing bill confiscates cars

By Lynda Arakawa
Advertiser Capitol Bureau

Drivers repeatedly caught racing or driving recklessly on public roads could have their vehicles taken away, under a bill approved by the Senate Judiciary Committee yesterday.

Senate Bill 2337, which now goes to the full Senate for consideration, would stiffen penalties for racing on highways and streets. The problem has been highlighted by more than a dozen racing-related fatalities on O'ahu since 1995.

Current penalties for racing include a $500 fine, six months jail or both. The bill would also suspend the driver's license and increase penalties for the second and third offense. A third offense within the five years would mean a three-year license suspension, a $1,500 fine and/or up to six months in jail.

In addition, vehicles used in the third racing or reckless driving offense would be subject to forfeiture.

Capt. Bryan Wauke of the Honolulu Police Department's Traffic Division said the stiffer penalties would help deter racing and reckless driving. He said while the department has concerns about impounding cars, officials believe most violators would not want to be caught a third time.

"Some car enthusiasts have been spending hundreds and sometimes thousands of dollars modifying their vehicles to enhance speed performance," Wauke said. "These enthusiasts have taken their speed to the highways where injuries and deaths have occurred. We received reports and have seen other vehicles purposely block traffic on the highway to allow this racing to occur."

Deputy Public Defender Susan Arnett said vehicle forfeiture could bring serious hardship on a family who might need it for work, medical or other reasons. She also said innocent people could lose their vehicle under such a law if someone who borrowed the car used it to race.

City Deputy Prosecutor Lori Nishimura said a judge would determine whether the vehicle would be taken away. She said under current law, property cannot be forfeited if the owner did not know of or consent to the criminal act.

You can reach Lynda Arakawa at larakawa@honoluluadvertiser.com or 525-8070.

Correction: Bryan Wauke is a captain in the Honolulu Police Department's Traffic Division. His first name was misspelled in a previous version of this story.