Crimes committed in cars can get punished in two ways — through the criminal courts and, when it involves impoundments, through administrative hearings, which have far different rules:
1) Guilt is broadly defined
Administrative hearings have lower burdens of proof. Forget being guilty “beyond a reasonable doubt.” It’s whether the evidence, more likely than not, shows a crime was committed involving the vehicle. Even if the criminal court finds someone not guilty, the ordinances allow the person to be found “liable” for the impound “administrative fee.” The Tribune found one community, Tinley Park, that refunds administrative fees after criminal acquittals.
2) No “Innocent Owners”
Under state seizure laws, police can keep cars of drug runners or sell them, but only if the owners knew or should have known a crime was being committed with the vehicles. It’s called the “innocent owner” safeguard, and local ordinances don’t have them.
3) Little leeway on fines
State law sets a maximum fine for each crime. Even petty offenses, such as having a loud muffler, carry up to a $500 fine. Criminal courts typically save the high fines for egregious cases. Not so for municipalities, where the maximum is often the default fine.
4) Little outside oversight
Those unhappy with impound rulings can appeal in civil court, but — under state law — judges must see extraordinary evidence to overturn a hearing officer’s decision. The state doesn’t track municipalities’ towing practices. The Tribune used the state Freedom of Information Act to gather records and data from each of the six-county area’s 150 largest municipalities.
