MPD Moving To Seize Vehicles Via Court System

What happens to someone pulled over so frequently in a year that they have their driver’s license suspended but continue to drive dangerously?

Not much, beyond continuing to pile up citations. But a new policy could change that and allow the Milwaukee Police Department to seize their vehicle.

Since Feb. 24, 2021, 54 people have been pulled over and cited six or more times. Two of those individuals have been pulled over and cited 12 times.

An ordinance pending before the Common Council would declare speeding, fleeing an officer, reckless driving and street racing a nuisance. MPD and the City Attorney’s Office would use the ordinance in civil court as part of a case to request that vehicles be impounded.

“I cannot reiterate enough that Chief Jeffrey Norman is not asserting in any way, shape or form that this is a silver bullet,” said MPD chief of staff Nick DeSiato to Public Safety & Health Commission on Thursday morning.

It would be paired with a new policy to tow unregistered vehicles that are driven recklessly.

The impounding policy is viewed by a number of council members as a potentially useful new tool to combat reckless driving.

“This is a reality that none of the other remedies are working,” said Alderman Jose G. Perez. He is co-sponsoring the measure with Michael Murphy, Cavalier Johnson (in his role as council president) and Mark Borkowski.

DeSiato said the existing system has functioned as expected, the repeat offenders have seen their licenses suspended or revoked. But it’s not changing the behavior of some drivers.

“If you are going to keep using vehicles to endanger our community, we are going, through the court, to take that vehicle,” said DeSiato.

The chief of staff, a former assistant city attorney, briefed the council committee on the underlying legal strategy. It relies on a judge declaring an individual in contempt of court and granting an injunction for the “least restrictive solution” (impounding the vehicle).

But the new ordinance, unlike one for nuisance properties, doesn’t define a nuisance in terms of the number of occurrences or exact circumstances.

DeSiato said a judge would define that using common law. The chief, said his chief of staff, would have the discretion to pursue the cases after repeat offenders and has no intent, nor resources, to pursue individuals that have been pulled over only a couple times in the past year.

“We have a plethora of lawsuits we have to deal with from when things were left to discretion,” said Alderwoman Milele A. Coggs. She said she would like to see the legislation include a specific definition for when it is triggered.

The policy also doesn’t specifically exclude juvenile offenders. But DeSiato said the chief has no intention of using it on them. “Juveniles should be treated differently,” he said, offering mentorship and diversion programs. “We are working with our community partners on that.”

The committee, which doesn’t include Coggs, unanimously endorsed the policy.

The full council is scheduled to consider the proposal on March 22. An amendment is expected that would require a report on the policy’s implementation every six months.

City officials have sought to implement the new policy since 2021. A draft legal opinion was written by assistant city attorney Heather Hough. City Attorney Tearman Spencer also assigned the issue to another attorney in December, but fired that attorney two weeks ago.

In January 2022, Murphy and Perez were critical of Spencer for delaying the issue and said he was trying to create policy which isn’t his role.

Hough is one of a group of attorneys that recently submitted their resignation from the City Attorney’s Office. She’s taking a job as the risk manager for MPD. DeSiato said she would provide a safeguard for the concerns of Coggs and others.

“I have confidence knowing the experience I have had working with assistant city attorney Hough,” said Perez.

Neither the new towing policy, nor the ability to impound vehicles would address another issue that is affecting the city: record vehicle thefts. Murphy, DeSiato and other officials have spent hours publicly trying to address shortcomings in the justice system that are enabling repeat offenders.