Drunken driver sues county for seizing car
In a blistering decision, a federal judge has ruled that a convicted drunken driver can sue Suffolk County for seizing his luxury car, even if he is "not the most sympathetic plaintiff, to put it mildly."
U.S. District Judge Joanna Seybert in Central Islip said in her decision last week that "the Due Process clause protects everyone -- even repeated drunk drivers."
She allowed the civil rights suit brought by James Ferrari, 47, of Bellport and Brooklyn, to go forward, saying there were several legal problems in the 2009 seizure hearing before a State Supreme Court justice in Mineola.
Ferrari, who has a previous DWI record, was caught driving 100 mph on a two-lane Bellport Road, with a crack pipe on the floor, records show. He sued, he said, because the county has kept his car, which he said is worth $300,000, for two years, and the county should follow the law -- "somebody has to say, 'The buck stops here.' "
Ferrari, who lost his license for a year, is seeking $2 million in damages, said the suit filed by his attorney, Andrew Campanelli of Garden City.
Ruling against the county's motion to dismiss the suit, Seybert said the assistant county attorney made a "flagrantly illogical presentation" of the law. The justice, she said, not only did not correct the attorney, but "it is quite plausible that [the justice] predicated his decision, in whole or in part, on the County's misstatements of law, or of his own misunderstanding about what the law requires."
Seybert said that instead of allowing the immediate seizure of the 2003 Spider sports car, the justice could have required Ferrari to post a bond to insure that the car could be forfeited in case of a later conviction.
Suffolk County Attorney Christine Malafi said in a statement: "The Court did not find that the County violated Mr. Ferrari's rights. It said that he adequately plead his case sufficiently to withstand a motion to dismiss his complaint at this time." The Nassau justice, John DiNoto, has retired and could not be reached for comment.
Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.
Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.
