ACLU Challenges Impoundment of Man's SUV for Someone Else's Driving
July 13, 2009 — The ACLU is representing Wayne Hadland in his suit against the City of Sweet Home to get relief from the improper impoundment of his vehicle.
In the events leading up to the impoundment, Mr. Hadland lent his SUV to his daughter.
While she was using it on a shopping trip, she began to feel ill and asked her fiancé to drive. Ms. Hadland’s neighbors then called the police to complain about her fiance’s driving. By the time the police arrived, the SUV had already been parked in the carport of Ms. Hadland’s house, and she had gone into the house with the keys.
The police arrested Ms. Hadland’s fiancé and charged him with driving under the influence, driving while suspended, and reckless driving. They also impounded Mr. Hadland’s SUV. Mr. Hadland has challenged the impoundment in municipal court, but to no avail.
The ACLU is representing him in the Linn County Circuit Court on review of the municipal court’s decision. The court has scheduled the hearing for August 4, 2009.
Emily Courtnage of Stoll Berne LLP is the ACLU cooperating attorney on this case.