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

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 Second, while forfeiture of a vehicle is authorized when a driver’s license was
revoked as a result of a DUI conviction, it is not authorized when a driver’s license has been revoked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