A pair of state senators are suing to stop Albuquerque authorities from auctioning off vehicles seized during DWI stops without first obtaining a criminal conviction, saying the ongoing practice violates a new law that restricts civil asset forfeiture.
The lawsuit filed on behalf of state Sens. Lisa Torraco, a Republican, and Daniel Ivey-Soto, a Democrat, on Wednesday says Albuquerque and other New Mexico cities not named in the lawsuit are flouting legislation enacted this year that overhauled state civil asset forfeiture laws.
The reforms made New Mexico's limits on when police can seize assets some of the toughest in the country. It requires authorities to obtain a criminal conviction before auctioning off seized assets.
City attorney Jessica Hernandez says Albuquerque's DWI vehicle forfeiture program is carried out under a local ordinance and is exempt from the new state law.
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