After traffic stop, Claimant was arrested and charged with DUI and driving while license revoked (DWLR). Vehicle which Claimant was driving at time of arrest was owned by Defendant's live-in girlfriend. State commenced forfeiture action pursuant to Article 36 of Criminal Code, on basis that Claimant used it in commission of of offenses of DUI and DWLR. State offered affidavit that Defendant had been arrested or convicted for DUI on 5 prior occasions and that his license was suspended and revoked. To establish probable cause that property may be subject to forfeiture, State is only required to show that there is probable cause that property may have been used in commission of offense described in Section 36-1. Court erred in requiring State to show probable cause that vehicle owner knew or should have known that Claimant would be driving her vehicle on date it was seized. (GOLDENHERSH and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Forfeiture