California to Ban Police From Towing Cars of Unlicensed Drivers

California to Ban Police From Towing Cars of Unlicensed Drivers

www.foxnews.com

The cat-and-mouse game ends Jan. 1 when a new law takes effect in California to prohibit police from impounding cars at sobriety checkpoints if a motorist's only offense is being an unlicensed driver. Thousands of cars are towed each year in the state under those circumstances, hitting pocketbooks of illegal immigrants especially hard.

(visit the link for the full news article)

Me Personally, I think they should continue to Tow the c ars and find the link that's calling and informing the illegals of the locations of the check points, they are being informed, 2 hours in advance.

I don't have a soft spot for these people, I came here legally it's not impossible.

Their calling the city of Bell corrupt because they are making an effort to keep unlicensed and uninsured drivers off the road.
These Drivers Have No Business being here driving.
Driving without a license is illegal, but being in our country is illegal too, Do you really believe they care about YOU?

www.foxnews.com
(visit the link for the full news article)

Well, it's pretty much tying up the courts.
This sounds more like the judges are fed up.

reply to post by Manhater


that's probably what it is, our whole system is messed up, oh and btw, you can get an international drivers license that's good in most countries for pretty cheap (I was able to get one for $10.00 USD from my insurance while stationed in Germany) I still have my license to drive in Germany too

One caveat is you have to have a drivers license from somewhere.

To continue on with this thread, read what this Idiot, Assemblyman Gil Cedillo has to say

Assemblyman Gil Cedillo, a Los Angeles Democrat who tried unsuccessfully to restore driver licenses to illegal immigrants after California revoked the privilege in 1993, said he introduced the bill to ban towing after learning the notoriously corrupt city of Bell raked in big fees from unlicensed drivers at checkpoints.

Ok, OK, The Notoriously Corrupt City of Bell,,,,,, What Kind Of Idiot Is This Guy How about the Notoriously illegal driving without a License or Insurance,,,,,You're saying it's OK for that illegal to cost a Tax Paying Citizen Hundreds or even Thousands of Dollars or Even Their Life, and the illegal gets off with out paying a dime.

As a matter of fact,,,,,, I think some people in California would Blame YOU,,, For the accident and you'd Go To Jail!!!!!

Police also ask for drivers' licenses at the sobriety checkpoints. Supporters of the vehicle impounds say unlicensed drivers are also a roadside hazard and that the new law is misguided.

YOU THINK!

I would very much like to find one of these Activist,,,,,

The Mexico native had reason to be alarmed: He does not have a driver's license because he is in the United States illegally, and it would cost about $1,400 to get his Nissan Frontier pickup back from the towing company. He has breathed a little easier since he began getting blast text messages two years ago from activists who scour streets to find checkpoints as they are being set up.

www.foxnews.com...

Originally posted by Manhater
Well, it's pretty much tying up the courts.
This sounds more like the judges are fed up.

How is it tying up the courts, you think an illegal going to court for their car?

You need to read the article.

If the illegals want to drive they should go back to Mexico and get there international drivers license. then they could come back and drive in Calif with no problem.

Illegals should get no special privileges when there are legal ways to be able to drive in Calif.

Most of these cars of illegals would be towed anyway as most also do not have insurance that is mandatory in Calif

reply to post by guohua


Well some drivers might challenge having their car taken away. I'm pretty sure, they get a court ticket and an impound ticket. They have to pay the impound fees somehow. I've never had anything impounded before, so, I don't know how California does it. I'm just guessing. They have to show up for court for driving without a license??? Right?? Where's that ticket?

Leave it to ICE to deal with illegals. If you get caught driving without a license then you deserve a big fat ticket but I don't think you should get your car towed.

Originally posted by muse7
Leave it to ICE to deal with illegals. If you get caught driving without a license then you deserve a big fat ticket but I don't think you should get your car towed.

Out here they just passed some law if you're caught speeding, they can auction your car and take it.
I agree with that, only with road rage, and racing, But I find it tad bit unfair to some drivers who may go like 3 miles or 5 miles over the limit.

If it is excessive, then yes.

But, if it's like a mistake, then I don't agree with it.

reply to post by Manhater


Yep, I agree too if it's a major violation such as going 60 in a 40 MPH or Racing then yes I think you should get your car towed and auctioned off. But if it's for something minor such as having a tail light broken or just failing to use your signal light then I don't think you should get it towed

First off.. "papers please" zero probable cause check points are nazi.

Second, police depts, and cities, were abusing the process to make money.. the city of LA, for example, runs "OPG" tow. After a govt agent determines you lack the proper papers at a gestapo check point, a govt tow truck whisks your car away to a govt yard... where it's held for 30 days minimum at a ridiculous cost per day.

Want your car back?.. After 30 days you pay the govt police dozens for a vehicle release fee, then the govt yard hundreds for the tow, on top of thousands for being stored. After that it's off to court where the govt collects about $2k in fines & fees for the crime of improper paperwork.. then the govt DMV gets some cash via "administrative" fees to restore your papers.

Most folks can't pay for it all, so the govt auctions the car & keeps the money...

It's a scam.. the best side effect of this new law, IMO, fewer check points!! woohoo!! cities wont have so many if they start to costs $$.

Originally posted by Manhater
reply to post by guohua

 

Well some drivers might challenge having their car taken away. I'm pretty sure, they get a court ticket and an impound ticket. They have to pay the impound fees somehow. I've never had anything impounded before, so, I don't know how California does it. I'm just guessing. They have to show up for court for driving without a license??? Right?? Where's that ticket?

edit on 25-12-2011 by Manhater because: (no reason given)

No ticket for the impound, yes ticket for no license or insurance,,,, Go To Court and announce to the judge, I'm here illegally and I don't have a license and can't get insurance,,,,
They can go to the impound lot and pay their impound fees and drive away,,,, The impound lot is privately owned I understand.
The article says the fees could be be as much as $1400 and that puts an-undue strain or stress on the Poor Little illegal who's just here to work and not drink and drive or run red lights and kill your family member and just laugh about it!!!!

Traveling on public highways in your car is a right not a privilege.

"The Right of the Citizen to travel upon the public highways and to transport his property thereon, either by horse drawn carriage or by automobile, is not a mere privilege which a city can prohibit or permit at will, but a common Right which he has under the right to life, liberty, and the pursuit of happiness." - Thompson vs. Smith, 154 SE 579.

"The claim and exercise of a constitutional right cannot be converted into a crime.· - Miller v. U.S., 230 F 2d 486, 489.

link

While I am not quoting the above site as irrefutable fact the cases cited usually check out(this does not mean the judge is going to let them apply to You)

The following brief has been used in at least three states as a legal brief to support a demand for dismissal of charges of "driving without a license." It is the argument that was the reason for charges being dropped, or for a "win" in court against the argument that free people can have their right to travel regulated by their servants.

link

The OP states that 1,000's of vehicles are towed annually, if the above brief were to work in only 10% of the cases then the state after dropping charges would be responsible for paying 100's of bills to Towing Companies( which they used to illegally tow vehicles)

While simply fining someone for not having a driver's license will probably get them to pay the fine. taking a 5,10 or 20k personal possession from them may make them willing enough to fight a battle all the way to the top. I think this would have more light shed on their unconstitutional practice of turning peoples rights into privileges than they are willing to allow.

reply to post by Adamanteus


You did check those links to cases I hope,,, Because I tried all of them and got:

The page you've requested is from a banned site and has been permanently removed.

Source: autarchic.tripod.com...

HUH,,,,,, My advice to you,,,, Don't try this.

reply to post by GovtFlu


Gee,,,, How hard could it be to have your Drivers License, Registration and Proof of Insurance in your car or on your person,,,, of-course unless you've got drugs or other contraband in your car at the time,,, what are you being stopped for, Drinking a little to much or is the clouds of Marijuana Smoke rolling out your open window doing it?
If you're illegally in our country and driving, you are nothing more than a Criminal and Deserve To Be Jailed, Your Family Fined or Deported With You To What Ever Country You Came From.

reply to post by guohua



I checked a few and got copies of the court cases the Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 I can't find other than freeman/right to drive sites and I don't have a copy of American Jurisprudence laying around.



My License is totally intact(just renewed it) but it does require renewal in 3 years to meet florida's compliance with the US "REAL ID" laws. I may not renew it at the time just to test this theory out since I wouldn't be driving on a suspended license or anything just an expired one which should only be a couple hundred dollar fine if I happened to lose in court.

It seems a few are simply dwelling on the illegal immigrant part of this article.


Citizen: a native or naturalized person who owes allegiance to a government and is entitled to protection from it.

DESHANEY v. WINNEBAGO CTY. SOC. SERVS. DEPT., 489 U.S. 189 (1989)
the State has no constitutional duty to protect any individual.

Warren v. District of Columbia
The court stated that official police personnel and the government employing them owe no duty to victims of criminal acts and thus are not liable for a failure to provide adequate police protection unless a special relationship exists.


If the state has no duty to protect You, then You owe no allegiance and therefore there are no Citizens without Citizens there is no state, without states there are no "United States"

No citizens->no states>no United States> No illegals

Illegals do not have respect for any laws. They come here cutting in front of the line, they take jobs, steal identities, use fraudulant documents, drive without licenses etc. They deserve no respect and shouldn't be surprised when such things happen.