When I first contacted Assemblyman Jose Solorio regarding the seizure of immigrants’ cars at DUI checkpoints he told me that he would work with the State Legislature to change this awful policy. That was over a year ago – but sure enough Solorio is now working to pass AB 1389 which would “would bar law enforcement agencies from using DUI checkpoints to impound the vehicles of unlicensed drivers,” according to the Sacramento Bee.
Click here to read the proposed bill.
Solorio is a member of the State Assembly’s Transportation Committee, which voted 11-3 to pass the bill, on May 18. The bill was also approved by the Appropriations Committee by a 12-5 vote. Click here to see how the other legislators voted.
While most Republicans voted against the bill, Assemblyman Chris Norby (R-Fullerton) voted to approve it, as did his fellow Republican Dan Logue (R-Chico).
The Assembly voted this past Friday, by a vote of 51-19, to approve the bill. It now moves to the State Senate. Local State Senator Lou Correa has also told me that he would support changing the DUI checkpoint laws to prevent seizure of immigrants’ cars.
DUI checkpoints are funded by the State of California. Local police agencies like them because they result in a lot of overtime for police officers. The checkpoints don’t actually do much to stop drunk drivers. Allowing bars to serve food would do more to stop drunk driving.
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Read it. It does not stop impounding of unlicensed drivers cars.
All it does is take away some county authority and seat it with the state.
And if you didn't know, it was the state legislators that made impounding cars an option, as a means to increase public safety.
Really? Here is the bill language. Note that it allows impounding of cars only under very strict conditions:
2814.3. (a) Notwithstanding Section 14602.6, Section 14607.6, or subdivision (p) of Section 22651, a peace officer or any other authorized person shall not cause the impoundment of a vehicle at a sobriety checkpoint established pursuant to Section 2814.2 or any other law, unless at least one of the following applies:
(1) The driver of the vehicle is suspected of driving in violation of Section 14601, 14601.2, 14601.3, 14601.5, 23140, or 23152.
(2) The vehicle is subject to impoundment pursuant to Section 14602.7.
(3) There is probable cause to believe that the vehicle was used as the means of committing a public offense, other than a violation of Section 12500 or 14604.
(4) There is probable cause to believe that the vehicle is itself evidence that tends to show that a crime has been committed or that the vehicle contains evidence, that cannot readily be removed, that tends to show that a crime has been committed, other than a violation of Section 12500 or 14604.
(5) The driver of the vehicle is not driving with a valid driver's license and none of the following apply:
(A) The driver is able to obtain a validly licensed driver to drive the vehicle.
(B) Notwithstanding Sections 12500 and 16020, the driver is able to park or remove the vehicle in a manner that does not impede traffic or threaten public safety until a validly licensed driver can retrieve the vehicle.
(C) A peace officer, or a similarly authorized traffic enforcement officer, is able to readily and lawfully remove the vehicle to a place that does not impede traffic or threaten public safety.
(b) The state or local governmental agency that established or conducted the checkpoint described in subdivision (a) shall not be liable for any claims related to the parking or removal of the vehicle as described in subparagraph (B) or (C) of paragraph (5) of subdivision (a).
(c) A law enforcement agency shall not conduct a combined sobriety checkpoint and vehicle inspection program.
illegal immigrant lovers trying to pass another law to protect their kind WHO CANT VOTE because they broke the law , what is next a anti deportation bill for illegals .
I was told by an officer that I must have a valid drivers liense , insurance , valid registration to clear a check point of any kind , its the law he told me...its like we have to bow for illegals immagrants in our city so they can gain as much rights as us citizens do...in there country would they bow for us or you ? I really doubt it....
cruz,
It is far more complicated than that. Many of these residents have U.S. born children. Our buses have been cut for years now. There really aren't many other options for folks who just want to take their kids to school or get to work. Or God forbid take a loved one to the ER.
Other states allow immigrants to drive. California should too. In the meantime we need to stop making life harder for the poorest amongst us.
As for other countries, the fact is there are a lot of U.S. immigrants in Mexico and most fare quite well.
What have we done for Mexico? Well, for starters, we have ruined their country with our insatiable desire for illegal drugs. And the guns killing them? Yep, sold by U.S. arms dealers.
oh what a bunch of mexican crap . the usa ruined mexico . mexico ruined mexico with its coruption . cruz comment above we bow to these law breakers who come here and break our laws . and of course some on his site and we know who cater and support these people . FOLLOW THE LAW LIKE EVERYONE ELSE .
Take the current law and this proposed law and put them side by side.
Then line out the same pieces, then compare the differences in the two.
The only real difference is a name change from a DUI checkpoint to a vehicle inspection program checkpoint.
The uninsured, unlicensed, unregistered cars will still be towed away. As they should be.
COOK GREAT POINT BUT THEN THEY WILL CLAIM RACIAL PROFILING YOU KNOW HOW THESE FOLKS WORK
The great and cook bunch of nazis no doubt on that anglos always been f***ing over minorities native of american(real americans)asians,africans and now latinos mexicans know how their goverment is thats why they migrate to a better place