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Karl Dir, left, and his father, William, stand in front of the Henderson tow yard where they suspect their truck is. Henderson police confiscated the truck nearly two years ago when Karl Dir was arrested on drunken driving charges. Photo by Gary Thompson.

Monday, November 13, 2000
Copyright © Las Vegas Review-Journal

Truck confiscation drives owners to court

Father, son question Henderson authorities' seizure in drunken driving case nearly two years ago

When a drunken Karl Dir crashed his truck into a Henderson mobile home and injured a man, Dir's punishment proved to be far more than the loss of his license and a fine.

In a case that raises the issue of what is the appropriate punishment for a drunken driver in the Las Vegas Valley, Henderson authorities also confiscated Dir's truck.

Now, 19 months after the incident, the city still hasn't given the vehicle back, despite state law that says only felony crimes can trigger forfeiture proceedings. Dir pleaded guilty to misdemeanors in the case.

"I can't work because I don't have a vehicle," said Dir, who said he has been convicted three times of driving under the influence. "I could go out right now and get my license and drive again, but I can't get the vehicle back."

Henderson authorities, however, maintain the seizure of Dir's truck was appropriate, saying the matter is one of ensuring public safety.

"By Karl Dir's own admission, he caused an accident that resulted in bodily injury and immediately left the scene of the accident without offering information, assistance or aid," Henderson Deputy City Attorney Lin Ng wrote in one court filing. "This is a Class B felony."

Dir's difficulties started on the night of April 6, 1999. Dir, 38, was driving home from a drinking session when he says he reached down for a clipboard on the truck floor. He lost control and the truck slammed into the mobile home of Harold Combs on Mona Lane. The residence is just a few doors down from Dir's.

The truck went through the mobile home wall and into Combs' bedroom. Debris cut Combs in the chest area, and also injured the man's shoulder.

Police reports and court filings indicate Karl Dir fled the scene to his home and found his father, William. Roughly 20 minutes later, the father and son returned to the crime scene.

When they arrived, police took Karl Dir into custody on a variety of felony charges, including felony driving under the influence, battery with a deadly weapon and leaving the scene. His truck was confiscated and taken to the city tow yard.

Henderson police Capt. Jutta Chambers said given Karl Dir's conduct that night, police had every right to take the vehicle.

"If it is a felony under those circumstances, we are going to seize it," Chambers said, adding that police only make the initial call on property seizures in criminal cases. It is eventually up to the city attorney's office and the courts to determine if seizure and forfeiture are appropriate.

The next day, Karl Dir pleaded guilty to two misdemeanors -- driving under the influence and failure to report an accident. Prosecutors never chose to pursue any felony counts against Dir, whose last driving under the influence arrest was about seven years ago in Oregon.

Karl Dir lost his Nevada driver's license for a year, he was ordered to serve on a victim impact panel and was also made to pay a fine of $500.

Days later, the Dirs tried to get their 1992 Ford F-150 truck back without success. For months, they said, they called the city attorney's office, but no one would release the vehicle, even though Dir's father was a co-owner.

In the meantime, William Dir said he has continued to make about $8,000 in payments on the truck. The truck is now paid off, but the Dirs no longer know if the city still has the vehicle.

The elder Dir said he is furious because state statute is clear: A vehicle or "conveyance" can only be seized in the commission of "a felony." The statute that describes crimes allowing police to seize property includes murder and robbery, but does not mention charges of driving under the influence or failure to report an accident.

William Dir filed a lawsuit, arguing the city had no right to keep the truck for the time that it did. He claims a year after the incident, the city offered the truck back for "a payment." Dir refused, and the city then said if he paid the towing fee, he could have his truck.

Dir again refused, saying Henderson needs to learn the lesson that they can't take property from a misdemeanor crime and keep it for a year or more.

"They need to know that they never had a right to take the truck in the first place," William Dir said.

The Henderson city attorney's office did not return three separate calls for comment left over a two-week time span.

However, in court filings, Deputy City Attorney Ng argues that to effect forfeiture in civil court proceedings, the city "is not required to plead or prove that a (suspect) has been charged with or convicted of any criminal offense."

Also, in civil court, Ng said a mere "preponderance of the evidence" indicates Karl Dir did commit a felony of leaving the scene of an accident, even though he was never convicted of that crime.

Ng also wrote that the city acknowledges William Dir's financial interest in the truck, and that the city "is willing to make an equitable settlement."

The seizure of vehicles belonging to driving under the influence suspects is not a new concept. Two years ago, the city of New York started confiscating all vehicles of drunken driving suspects at the time of arrest -- and not conviction -- leading civil libertarians to claim the seizures are unconstitutional. In Oakland, Calif., the American Civil Liberties Union is battling similar city tactics.

Bernie Zadrowski, a Clark County deputy district attorney who oversees forfeiture cases resulting from Las Vegas police actions, said Las Vegas police do not permanently seize the vehicles of drunken driving suspects.

In general, Zadrowski said the seizure of vehicles in the county is relegated to cases of narcotics trafficking or other crimes, such as a felony robbery when a car is used to transport proceeds of the offense. Cars, vehicles and other items can also be seized if they are the profit of felonious activity, such as a drug transaction.

Sandy Heverly, the executive director of the Las Vegas-based Stop DUI, says she supports the actions of Henderson city officials.

"What they are trying to do is remove the weapon," Heverly said. "That is what ought to happen on the first conviction (of driving under the influence)."

Heverly said she thinks state legislation should be passed allowing Nevada governments to seize vehicles on a first offense.

"I certainly think we should wait for a conviction before taking a vehicle away forever," Heverly said.

But the Dirs disagree, saying the city has taken away a part of their livelihood. Nearly two years later, the matter is scheduled for a court hearing in December.

"What they are really trying to do is punish us," William Dir said.