Marie Hawks v. Michael Greene, Comm. Dept of Safety

Court of Appeals of Tennessee

Marie Hawks v. Michael Greene, Comm. Dept of Safety

Court of Appeals of Tennessee·Decided October 12, 1999·No. M1999-02785-COA-R3-CV·Published

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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE October 12, 1999 Session

MARIE HAWKS v. MICHAEL C. GREENE, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF SAFETY

Appeal from the Chancery Court for Davidson County No. 98-1320-III Ellen Hobbs Lyle, Chancellor

No. M1999-02785-COA-R3-CV - Filed December 18, 2001

WILLIAM C. KOCH , JR., concurring in the result.

I concur with the court’s conclusion that the forfeiture of Ms. Hawks’s van was excessive in light of two considerations. First, the offense triggering the forfeiture of Ms. Hawks’s van occurred after the twelve-month suspension of her driving privileges when she was entitled to reinstatement of her license by complying with the conditions in Tenn. Code Ann. § 55-12-114(c) (Supp. 2001). Second, while forfeiture of a vehicle is authorized when a driver’s license was revoked as a result of a DUI conviction, it is not authorized when a driver’s license has been revoked for graver offenses such as vehicular assault or vehicular homicide or even a second violation of driving on a revoked license.

_____________________________ WILLIAM C. KOCH, JR., JUDGE

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IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE October 12, 1999 Session

MARIE HAWKS v. MICHAEL C. GREENE, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF SAFETY

Appeal from the Chancery Court for Davidson County No. 98-1320-III Ellen Hobbs Lyle, Chancellor

No. M1999-02785-COA-R3-CV - Filed December 18, 2001

WILLIAM C. KOCH , JR., concurring in the result.

I concur with the court’s conclusion that the forfeiture of Ms. Hawks’s van was excessive in light of two considerations. First, the offense triggering the forfeiture of Ms. Hawks’s van occurred after the twelve-month suspension of her driving privileges when she was entitled to reinstatement of her license by complying with the conditions in Tenn. Code Ann. § 55-12-114(c) (Supp. 2001). Second, while forfeiture of a vehicle is authorized when a driver’s license was revoked as a result of a DUI conviction, it is not authorized when a driver’s license has been revoked for graver offenses such as vehicular assault or vehicular homicide or even a second violation of driving on a revoked license.

_____________________________ WILLIAM C. KOCH, JR., JUDGE

Marie Hawks v. Michael Greene, Comm. Dept of Safety, (Tenn. Ct. App. 1999).

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