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Cars crushed in street racing crackdown


sblake01

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Here in America we don't assume that people are going to misuse things. There is a relatively old argument for making cars that cannot exceed the speed limit, and you are basically restating that old argument. The point for me is that people should be able to own just about anything, and should only get in trouble when they MISUSE it. The gov't should not assume that it can only be misused. When it does all of our Z's will be on the chopping block.

This kinda proves my point don't you think? Do you think the cops would have a new DARE car if he was driving a Hyundai at 135? What did he say when he booked the guy? "Thanks for the car".

Not good people. Not good. Again, I'm not saying the driver should go unpunished at all, but this is basically a license to take whatever car they want. Jail time (LOTS) would be a more appropriate punishment in my opinion.

What difference dose it make weather its crushed or seized? The owner doesn't get it back. At least this way it is serving a purpose

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LMFAO!!

Two words on this subject come to mind- Eminent Domain

From Wikipedia "Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption/compulsory acquisition (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to seize a citizen's private property, expropriate private property, or rights in private property, without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to "public use." The most common uses of property taken by eminent domain are public utilities, highways, and railroads. Some states require that the government body offer to purchase the property before resorting to the use of eminent domain..."

Eminent Domain generally relates to private property in the sense of land. For example if the government wanted to seize your property to put in road, park etc. for the "public good."

i.e.: Expertlaw "Eminent domain refers to the power possessed by the state over all property within the state, specifically its power to appropriate property for a public use. In some jurisdictions, the state delegates eminent domain power to certain public and private companies, typically utilities, such that they can bring eminent domain actions to run telephone, power, water, or gas lines. In most countries, including the United States under the Fifth Amendment to the Constitution, the owner of any appropriated land is entitled to reasonable compensation, usually defined as the fair market value of the property. Proceedings to take land under eminent domain are typically referred to as "condemnation" proceedings."

Although of late many local governments have taken this law to mean seizing people's businesses to allow shopping malls or other developments to go in. Citizens are starting to fight back against this blatant abuse of the Constitution. Eminent Domain has nothing to do with seizing cars. The Fourth Amendment of the U.S. Constitution is supposed to guard us against unreasonable searches and seizures. But, as someone pointed out, the rich often can afford to fight these things while those without the means can't.

Crushing the cars seems like an unreasonable waste of resources. No one is compensated, reasonably or otherwise, for this "taking" of their property so eminent domain does not apply. Take their licenses away - problem solved. If that doesn't work and they continue to participate in illegal street racing then jail time makes more sense to me.

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Eminent Domain generally relates to private property in the sense of land. For example if the government wanted to seize your property to put in road, park etc. for the "public good."

You are correct in your statement, however expropriation (through eminent domain) can be applied in different ways.

from: http://www.answers.com/topic/expropriation?cat=biz-fin

Expropriation

Expropriation is the act of a government taking private property; eminent domain is the legal term describing the government's right to do so. In the United States, this right is granted, indirectly, by the Fifth Amendment to the Constitution, which states, in part, that "private property [shall not] be taken for public use, without just compensation." The courts have interpreted this clause's limitation of the power to expropriate as implying the existence of the power itself.

The act of expropriating; the surrender of a claim to exclusive property; the act of depriving of ownership or proprietary rights

Seizure of private property for public use by an entity with such legal authority. See Condemnation, Eminent Domain.

The taking over of private property by a government, often without fair compensation but usually with a legal assertion that the government has a right to do so.

Regardless of the manner of the taking of private property, I feel that the g'ment did indeed go to far. As stated earlier, there are other ways to get the point across (serious jail time, auctioning of seized cars, loss of license, etc.), but I expect this was done mostly as a publicity stunt-and if that's the case, it worked (just look at us).

California has always gone out of its way to push the limits of the law, or so it seems.

When I lived there, I was charged a $300 Smog Impact Fee for bringing my out of state Buick with me, even though it passed all the smog tests with flying colors. Several years (and states) later, I received a refund check for that cash, plus interest, because the fee was ruled unconstitutional.

That may seem a little off topic, but I would expect that California is just seeing how far it can go before they get taken to court.

The intent may be honorable, but the ends do not always justify the means.

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They are just asking to get themselves in trouble. (the state, the county, the people enforcing it.) IMO it is stupid as hell. They have no right to do that. That is ones property, and doesn't the constitution protect that?

If a transmission or something is found stolen, charge them for that stolen part, take it out and make them do time/community service.

If I was one of those guys, I would push much much harder. I would get ALL of money back + damages, time, ect. Get those dudes in some kind of trouble. I doubt that they even had proof, other then clocking one at 100+ mph. They can claim that they are racers, but as long as you say no and they have no substantial evidence which I am sure they don't have, they can't do a thing. The cop has to physically see you. They probably chose these ricer 18 year olds because they know they aren't going to do sh/t to stop them. If they were Jags, BMW's, Corvettes, ect., this would have never happened and isn't fair at all.

If these enforcers had any type of brains at all, they would stripe sell them instead, make an a$$ load of money and give it to charity.

Just goes to show how stupid they are being about this. Community service/time/fee is going to BE much worse. That you know you never want to do again if this is the punishment, but if they had the money to do that, they are going to have the money to do it again.

Plus this is when they are just going to get something else that is cheaper and easier to get even more power. You can buy a N/A supra for $2k, and then buy a 1JZ 300hp clip for $2.5k. For $6k after installation, you already have 300+ horsepower, all legal. Boost controller and after market parts can get you near 400hp, all for under $10k.

You can get a Regal pushing 350hp for $4k, in a $4k car.

They are going to be doing the same thing, but just getting different weapons.

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I think it's wrong that they are taxing cigarettes to the point of near extortion. I also think it's wrong to deprive someone of their property in certain cases. (Cars, imminent domain/condemnation, inheritance tax, etc)

The issue here is social reponsibility and people's need to be aware of it. How to do teach an irresponsible kid such a thing when tickets/accidents are paid for by mom and dad?

The only justifiable way I can see them crushing a car is if it is a repeat offender.

We've all driven like we stole it at one time or another. Many of us are lucky to still be alive. As the world's population gets crowded social responsibility becomes imperative. Look at NYC and what it took to make it what it is today. I don't like zero tolerance laws but look at what the effect was.

The way things are going, crushing cars and overpriced cigs might be here to stay.

2c

Jim

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WHew!

If Ca applied these modification criteria universally, how many cars would Jay Lenno lose? Would Foose get arrested for producing contraban. Would Hot rods be taken and car shows become an underground activity?

It is as has been said, we are all held equal under the law, but what we can pay lawyers gets us out from under it...

Will

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If I understand the context of the article correctly:

"When police popped open the hood, Hoang said, they found a stolen transmission. "

"He had purchased a B-20 Vtech engine with a double-overhead cam a couple months before, and after a police investigation, was told it was stolen."

"Police need a court order to destroy the cars. They must prove that the serial or identification numbers on a vehicle or its parts are removed, altered or destroyed."

The justification that the local authorities have used seems to be that the specific cars they are targeting are:

A - Illegally modified (emission laws no doubt.)

B - Constructed using parts from stolen cars. (Grand theft is a felony...)

Street racing may be the reason that these particular people were targeted, but the legal theory behind the destruction of the cars is likely to be solid.

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Last year over 170,000 people died as a result of alcohol related accidents.

Under 200 people died as a result of street racing activities.

So what do they do?............................

The dumb ones are the ones who think it's O.K to crush the cars.

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Last year over 170,000 people died as a result of alcohol related accidents.

Under 200 people died as a result of street racing activities.

So what do they do?............................

The dumb ones are the ones who think it's O.K to crush the cars.:disappoin

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Z train,

The relevant point between drink drivers and street racers is that in both instances the cars were driven by fools who put their lives and the lives of others on the line through their own stupidity in the case of drink drivers and an adrenelin rush in the case of the street racers.

Argue about the legalities all you like. The fact remains that if you break the law, you pay the penalty.

I have absolutely no sympathy whatsoever for lead footed petrol headed street racers who have their cars crushed. I can't see it happening as the result of a first offence, however, it must be remembered that a car CAN BE a lethal weapon in the hands of a dangerous driver.

Lose a family member or a friend to the immature idiots who drive recklessly,

then see if you feel sorry for "the poor blokes who had their car crushed".

Rick.

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