Measure to tow vehicles after DUI arrest becomes law
Mayor signs bill after council ratification
A DUI towing bill initiated by Council Member Yuki Lei Sugimura, shown during a council meeting Friday, was ratified by the council and signed into law by the mayor. -- The Maui News / MATTHEW THAYER photo
WAILUKU — Maui County Mayor Michael Victorino on Friday afternoon signed a bill into law that would allow police to tow a motor vehicle when its operator is arrested for driving under the influence.
His signature came shortly after the Maui County Council on second and final reading unanimously approved the bill, whose author and supporters say is aimed at keeping drunk drivers off roadways.
Out of 22 traffic fatalities this year, 15 were due to someone driving under the influence, Maui police have said. Representatives of the Maui Police Department Traffic Section were in attendance for the vote.
“Council members and I share the conviction that ‘enough is enough.’ Together, we acted quickly to save lives on our roadways,” Victorino said in a news release Friday.
Maui police said earlier this month that the law will take about 30 days to implement because policies and procedures still need to be worked out.
The bill’s author, Council Member Yuki Lei Sugimura, said she will hold public outreach to discuss the bill and its effects, which include owners paying for towing and storage.
The bill did require some discussion Friday because Council Member Keani Rawlins-Fernandez was concerned about the effect on people with limited financial means.
The towing measure also applies to those driving without a license; driving while their license is suspended or revoked and those who habitually operate a vehicle under the influence of an intoxicant.
Rawlins-Fernandez was particularly concerned about the towing measure applying to people caught driving without a license who may struggle to get a license because of costly fees and the expense of obtaining required government documents.
She wanted to amend the bill so a person arrested for driving without a license on first offense would not get their vehicle towed. She called for drivers with two or more convictions for driving without a license in a five-year period to be subject to towing.
Maui County Prosecutor Don Guzman said the amendment would handcuff police, who may need to make discretionary decisions based on circumstances. For example, if a driver without a license was in an accident or driving erratically, police may want to have that person’s car towed for the safety of the individual and the public even if it was a first offense.
The amendment eventually failed.
Before the vote, council members heard from deputy public defender Gustavo Gonzalez, who objected to the bill on behalf of defendants his office represents — those who cannot afford an attorney. He questioned the taking of property before a determination of guilt is made.
“It is undisputed that an additional charge for towing and storage of the vehicle would unjustifiably and unfairly target the poor and homeless in our community,” he said in written testimony. “Those who cannot afford to pay fines and fees associated with prior licensing violations ultimately are the ones who will end up facing these situations.”
During the bill’s first reading earlier this month, the council amended the bill to eliminate towing for vehicles stopped for fraudulent use of plates, tags or emblems, Sugimura said.
Towing also would not occur if the vehicle is parked on private property at the residence of the registered owner or the operator; if the owner of the property where the vehicle is parked does not object; if its registered owner or a passenger in the vehicle at the time of the stop has a valid driver’s license and is willing and able to drive the vehicle away; and if legally parked where theft and vandalism are remote and traffic or public safety are not impeded.
* Melissa Tanji can be reached at mtanji@mauinews.com.
- A DUI towing bill initiated by Council Member Yuki Lei Sugimura, shown during a council meeting Friday, was ratified by the council and signed into law by the mayor. — The Maui News / MATTHEW THAYER photo



