Supporters of an Iraqi war veteran who argue that a Denver police officer’s seizure of his car was unjust have pointed to a federal law they say extends protections to those engaged in active military service.
But that law has no bearing on the case of Airman Brian Furman, the city attorney’s office said Tuesday.
The ongoing debate over Furman’s case has highlighted a controversial impound law voters approved last year. It requires a $2,500 bond to get a car out of impound if the car is seized for being driven by an unlicensed driver.
A Denver police officer ordered Furman’s car seized March 13 after he was stopped for having a broken headlight. Furman, now 27, had just returned from a 13-month tour of duty in Iraq. City officials say records show Furman’s Missouri driver’s license expired in 2005 and was not valid at the time of the traffic stop.
The Denver district attorney’s office dismissed the traffic charges. But the car continued to sit at the impound lot, which is controlled by laws distinctly separate from the city’s traffic laws. Once the bond costs and impound fees to free the car escalated to nearly $4,000, the city warned Furman it planned to auction off the car.
Furman said his license expired while he was in Iraq, an explanation at odds with the records cited by the city.
Supporters of the airman have said the Servicemembers Civil Relief Act allowed Furman to drive in Denver without a new license at the time of the traffic stop.
The city attorney’s office said its reading is that no federal, state or local law provides the protections Furman’s supporters say exist.
The Servicemembers Civil Relief Act allows active military personnel to drive military vehicles in the official course of business without a driver’s license. It also allows, in some instances, an officer to extend a valid driver’s license from one state to another state where they are stationed.
It doesn’t allow a person whose driver’s license has expired years ago to drive, off duty, without a valid driver’s license in Colorado, said Assistant City Attorney David Broadwell.
Nevertheless, following media reports on Fox 31 and by radio talk- show host Peter Boyles, the city waived all the fees except the $400 required to post the impound bond.
Denver Mayor John Hickenlooper and Boyles split the remaining cost, and Furman picked the car up Thursday.
Christopher N. Osher: 303-954-1747 or cosher@denverpost.com
