California Cops Exploit DUI Checkpoints to Rake in Cash

[Joanne98]

California police are turning DUI checkpoints into profitable operations that are far more likely to seize cars from unlicensed minority motorists than catch drunken drivers.

February 13, 2010

Sobriety checkpoints in California are increasingly turning into profitable operations for local police departments that are far more likely to seize cars from unlicensed motorists than catch drunken drivers.

An investigation by the Investigative Reporting Program at UC Berkeley with California Watch has found that impounds at checkpoints in 2009 generated an estimated $40 million in towing fees and police fines – revenue that cities divide with towing firms.

Additionally, police officers received about $30 million in overtime pay for the DUI crackdowns, funded by the California Office of Traffic Safety.

In dozens of interviews over the past three months, law enforcement officials and tow truck operators say that vehicles are predominantly taken from minority motorists – often illegal immigrants.

Continued>>>>
http://www.alternet.org/investigations/145665/california_cops_exploit_dui_checkpoints_to_rake_in_cash

Ever since Prop 13 passed, the state of CA has been using the DMV to raise the revenue that they lost. All so rich real estate speculators don't have to pay more than 13% in taxes.

[MadHound]

1. I'm not a fan of DUI checkpoints, I have always thought that they were unconstitutional

However the fact of the matter is that if you don't have a license, don't drive. If you do drive without a license, expect to get hammered if you get caught.

Too many unlicensed drivers have caused far too many accidents and deaths. I really have no sympathy for them.

[dkf]

2. Seriously though what are you supposed to do if you catch someone driving without a license?

Are they supposed to not have DUI checkpoints so they can avoid catching people?

I'm just surprised this is blipping up now. I'd have thought we had more people in this situation when the economy was better.

[Name removed]

3. Deleted message

Message removed by moderator. Click here to review the message board rules.

[LeftyMom]

4. The context people are missing is that they're being used as unofficial immigration checkpoints.

Undocumented people aren't allowed to obtain a license to legally drive in California.

[EFerrari]

7. Five posts and already this thread makes me want to go back to bed.

San Francisco made a different decision.

Not impounding immigrants' cars just makes sense
October 31, 2009|By C.W. Nevius

(snip)

Frankly, that wasn't my first reaction. Driving is a privilege, not a right. And San Francisco police aren't stopping drivers randomly to see if they have a license. They are pulling them over for violations, and when they don't have a license they are towing the car.


What's wrong with that?

"It isn't working," said Police Chief George Gascón. "If it was, we wouldn't be having this discussion."

What's more, San Francisco's new policy of allowing unlicensed drivers 20 minutes to call someone with a valid license to get them may keep the city out of legal trouble. An attorney for the California Police Chiefs Association says the practice of pulling over drivers and impounding their cars could be illegal, based on court decisions in the past four years.

http://articles.sfgate.com/2009-10-31/bay-area/17186706_1_cars-immigrants-drivers

[backscatter712]

12. Exactly. Which is why undocumented immigrants should be allowed to get driver's licenses.

Drivers licenses should be used solely to determine if a person is capable of safely operating a motor vehicle. The issue of driving privileges should be completely separated from the issues of immigration and citizenship (which also desperately need reform.)

Using drivers licenses as green cards or proof of citizenship is unacceptable. What are undocumented workers supposed to do? Public transportation in many parts of the country is non-existent, and things are too spread out for them to walk. So guess what, some of them are going to drive.

[Gormy Cuss]

14. No, it's why we shouldn't have massive numbers of residents without legal protection.

Illegal immigration on a massive scale is a ticket to exploitation. We can dance around the issue by making it okay for undocumented people to have drivers' licenses (unlikely to happen now that DMV serves as an informal national ID center) or we can bite the bullet and reform our immigration policy to better reflect our immigration patterns.

[backscatter712]

49. Good point. The whole immigration system needs to be overhauled.

And in a way that's saner, more humane and more realistic than the nativist "Throw the brown people out!" bullshit people are spewing.

[LeftyMom]

15. There would also be important safety benefits.

Right now we have a situation where undocumented adults who work (which would be most of them) mostly need to drive to get to work, because transit sucks where it exists at all, and of course it's not an option if you work in construction or something anyhow.

So they tend to buy really cheap, shitty cars because they know they could be confiscated at any time. Cheap totaled cars get barely patched back together, often driven with the tattered remnants of the airbag still visible. God alone knows how many people die when they get in accidents in these disposable deathtraps. Or how many people got stuck with the repair bill after somebody hit them in one and took off to avoid arrest and potential deportation.

And of course we'd all benefit if there were fewer unlicensed (and thus uninsured) drivers on the road.

[dysfunctional press]

42. do you really think that their vehicles would change simply by giving them valid driver's licenses.?

is it going to somehow endow them with lots and lots of extra cash to upscale their vehicle purchases? will they then make sure to get full comprehensive insurance on their shiny new autos as well?

:eyes:

[dysfunctional press]

17. if they have a license from their home country, they can drive legally.

[dysfunctional press]

41. "What are undocumented workers supposed to do?"

how about this- either become 'documented workers' or return to their home country...?

[backscatter712]

48. That is not realistic.

For one, the immigration system in this country is a total clusterfuck, so becoming documented is a nightmare that requires thousands of dollars in legal assistance and various fees, which most undocumented people can't afford, and that's assuming there's a path to them becoming documented at all.

For another thing, many of them are in families with a mix of undocumented immigrants and U.S. citizens. By deporting them, you're breaking up families. Joe Arpaio is calloused and cruel enough to do this. Are you? You want to tell the kids that mommy has to leave the country? Have fun.

You want solutions? Try recruiting a few more neurons in that skull of yours and come up with a solution that has fewer ugly side-effects than "Throw the brown people out!"

[dysfunctional press]

54. i never said anything about deporting anyone or "throwing the brown people out"

but- realizing that would probably require an iota of actual ability at comprehension on your part- so i guess it's pretty understandable that you weren't able to get it right. :shrug:

btw-how many countries in the world allow people in their country illegally to get driver's licenses...? why should we be any different?

[dysfunctional press]

16. as long as they have a driver's license from their home country, they can drive legally.

:shrug:

[LeftyMom]

21. That would be news to any government official in California.

Legally, you have to get a California license within ten days of establishing residency. Cops here will cite you if you provide an out of state or foreign DL and they have reason to believe you reside in California.

[dysfunctional press]

23. 'establishing residency' is a whole 'nuther matter.

even within the u.s., if you move to another state- you have to get a driver's license for that state within a certain time frame.

i certainly don't think that people who are in the country illegally should be able to obtain a legal license. does any other country in the world allow that?

[LeftyMom]

32. Why people who drive in CA need to have CA licenses available to them is explained upthread.

[dysfunctional press]

40. and if they "need" a CA license, they "need" to be a citizen.

how many countries in the world issue driver's licenses to people who are in their country illegally...?

[robinlynne]

33. nope. Nowhere in the wold is that true. you can get an international driving license for 6 months at

a time. In other words they can get a 6 month permit to drive in he US BEFORE coming here. there is nowhere in the world where one country's driving license is good in another country. Even if Americans go tomexico for a weekend, they msut get Mexican license and insurance or they can take away your car.

[14thColony]

43. Overly broad statement

And not 100% true. I reside in the UK, and have done so for over 7 years. Due to my employment status I can still drive on my FL license in perpetuity, and do. Even if my status here required me to get a UK license, I could still drive on my US license for one full year before I would have to have a UK license, and if I had a DL issued by another EU country, I would be able to use it for three years here before needing a UK one. That's for residency. As a VISITOR, my US DL is good in any EU country at any time for at least 6 months, and often up to a year. This is due to an international DL reciprocity system that the vast majority of countries are members of, meaning they will all honor each other's DLs for visitor, in many cases not even needing an accompanying IDL. By the way the US and Mexico are both members, and therefore have to honor each others' DLs for visiting drivers.

Also the validity periods of IDLs vary by issuing country. My IDL issued in Germany was good for 2 year. My IDL issued in the US is good for one year.

[dysfunctional press]

44. i had no problem renting and driving a car in bonaire with my illinois driver's license.

same thing on grand cayman.

i honestly can't recall if there was some type of form i got at the rental agency that covered it...but i know that i didn't have to take any kind of driving test...:shrug:
and i've never had a problem driving on it in canada, even the tim i was pulled over by o.p.p.

[hayu_lol]

5. Catching DUI's is good...

but unlicensed drivers are generally uninsured as well. They may or may not understand our traffic laws as a result. Sorry, better to have the unlicensed drivers off the road along with the drunks.

Leave their car parked by the side of the road? If it is left, they will come back with a friend and drive their car away. These are lawbreakers that endanger us all.

No sympathy.

[Gormy Cuss]

8. The drunk drivers' cars are left by the side of the road.

What's stopping them from coming back with a drunk friend to drive it away?

[dysfunctional press]

18. drunk-drivers should have their cars impounded as well.

[robinlynne]

34. That is not true. They are impounded and towed.

[Gormy Cuss]

47. Read the link.

In the CA instances chronicled by the writer, they're not seized the way cars of unlicensed drivers are.
They are removed from the side of the road in most cases (something that I didn't make clear in my earlier reply.)

Police do not typically seize the cars of motorists arrested for drunken driving, meaning the owners can retrieve their vehicles the next day, according to law enforcement officials.

[Gormy Cuss]

6. Prop. 13 caps the base municipal property taxes at 1%, not 13%

That's 1% of assessed value based on most recent sale plus 2% annual appreciation, and it's exclusive of special assessments and other ad valorem taxes which in most jurisdictions raise the effective rate to 1.25-1.5% (expressed as a mill rate that would be $12.50 to $15 per $1000.) A 13% property tax rate would be unusual anywhere in the country --5% is close to the upper limit.

Secondly, the article concerns the use of DUI checkpoints --with labor funded by USDOT earmarks for this purpose--to enhance revenue through impounding the cars of unlicensed drivers.That alone should make this practice an improper use of the DUI earmark. On a cost/benefit basis DOT is getting very little payback on its investment, especially since in some departments the officers are assigned these roadblocks as overtime shifts.

It's also pretty apparent that some departments have figured out a way to make the bycatch more lucrative than the principal target by placing roadblocks in or near predominantly Latinos because the roadblocks are placed near neighborhoods with high concentrations of Latinos. It's only effective if it's near an area where there's likely to be a high concentration of unlicensed drivers and the best place for that is in a community with a high number of people who are ineligible to even apply for one -- illegal immigrants. It's pretty sickening, frankly.

[MurrayDelph]

9. It's not just for DUI and Immigration

It is DEFINITELY a source of income.

Two years ago, my wife was stopped in an LAPD checkpoint, and after what sounded like a solicitation of a bribe, wrote her up for wearing her seatbelt improperly ("she is a large-breasted woman, and has to wear it low to avoid being strangled).

And last year, the City of Los Angeles announced they were going to assign a surcharge on top of every ticket written, so that they charge you an extra $100 bucks for the privilege of being shaken down by the cops.

And people wonder why we want to move (We're both LA natives)...

[Winterblues]

10. Well driving on state or federal highways is a privilege and not a right.

The same applies to flying. They screen everyone that flies so why not screen everyone that drives? Same logic should apply. either both are legal and above board or both are illegal search. :shrug:

[winyanstaz]

29. You know I have always found that statement to be strange...

(I am not attacking you...I know you didn't make that one up :) this is just a comment on that phrase) :)

"It isn't a "Right" to use the roads..it is a "Privilege."

Since everyone is forced to pay taxes (even illegals pay taxes on items they purchase)...and those taxes PAY for the roads...I have always wondered why it isn't a "Right" to use the frigging roads we paid for?

If you buy a home...isn't it your right to live in it it?

If you buy a new wardrobe, isn't it your right to wear it?

So why is it that we have to buy/pay for the highways the same as every other person (except the rich) and it isnt our "Right" to use them?

If any one shouldn't have the "Right" to use the roads..it should be the rich corporations and people that don't pay their fair share of taxes!

I also don't understand why people would believe that the government has any "Right" at all to pass out or withhold "Privileges" at their will.

I just don't remember that power being given to them nor that word even being used in any of the Constitutions..state or federal.

I think it is just something made up by some asshole that wants to deny americans the right to move around and to control us all.

But then I have always tended to think outside the box and for myself. :P

[Winterblues]

37. I happen to agree with you on this.

Driving could possibly considered a privilege but using the public right-of-ways is not a privilege but a right. We do have the Right to travel within our country and the public roads are there to grant us access to that right.

[Fire_Medic_Dave]

55. Do drunk drivers have the same right since they also helped pay for it?

[msongs]

11. primary function of police departments = raise money for the government nt

[Echo In Light]

26. +1

[Taitertots]

13. Sounds good to me

In addition to catching drunk drivers they also catch unlicensed drivers and illegal immigrants. Sounds like a bonus.

You can't have DUI checkpoints without them also catching these other criminals. Are we supposed to stop trying to catch one type of criminal (drunks) to prevent catching other types?

[proteus_lives]

19. So we should be defending unlicensed and uninsured drivers?

Yeah, no thanks.

Why don't we defend the drunk drivers too. :sarcasm:

[winyanstaz]

30. Why do we even have to pay to drive on roads we paid for....

in vehicles we paid for?

The government takes so much of our money in hidden taxes and in taxes we are aware of that it is practically impossible to have enough left to live on. Yet still the government cannot find enough money to run the nation without creating mountains of debt.

It cannot find enough money to help the homeless that they created by outsourcing the jobs and deregulating the banks and yet...they can create more mountains of debt with endless wars for nation-building.

Why cant we leave hard working Americans alone and just pull over the drunks?

Soon there will be so many laws governing every single aspect of our lives we will all have to be strip searched and cavity inspected before we get out of bed in the morning and the bedding searched for unlawful body fluids.

Wouldn't want to cheat the government out of its taxes collected in the about to be passed...new "unlawful body fluid tax" now would we? Unlawful body fluids cause global warming. :sarcasm:
:P

[Obamanaut]

38. Remember what you posted when you next enter the voting booth.

If the same weasels are reelected, there will be no change.

We continue to reelect incumbents at a rate of greater than 90%. Most of the replacements are due to death or retirement, rarely by being voted out.

Vote for the "name you know" - it's what most people do.

[proteus_lives]

45. Sorry, I don't have sympathy for people who drive around without insurance or licenses.

They run from accidents.

[backscatter712]

52. Those "illegals" do pay for the roads they drive on.

Even if they're working completely under the table, they rent a place to live, or own a house. That means they pay property taxes, or their landlord pays property taxes, which he passes to his tenants. If they buy gas for their cars, they pay gasoline taxes, which in my state, and probably most others, are directly used to fund road construction. Every time they buy something at the store, they pay sales taxes.

As we all do. Don't tell me undocumented immigrants don't pay taxes. With the possible exception of income tax (and these days, they use fake IDs to get jobs, fill out the I-9s, and get income taxes withheld as well), they pay about as much as citizens do with equivalent work.

[backscatter712]

51. How about creating ways for them to become licensed and insured.

Setting aside the rest of the immigration issue (yes, I agree immigration badly needs to be overhauled to deal with multiple messes), drivers licenses should revert to their original purpose of being used to denote those who have been judged to be able to safely operate a motor vehicle. No more using them as defacto ID or immigration documents. And yes, insurers should be able to sell auto insurance to those who have driver's licenses, regardless of immigration status.

Right now, the legal limbo that leaves them unable to get a license or insurance, regardless of whether they want to or not, creates a safety hazard.

[Flaneur]

20. Christ, this place sounds like Free Republic.

No discussion of the legality/morality of mass suspicionless stop and search checkpoints.

No discussion of the way the alleged purpose of the checkpoints--public safety--morphs into revenue generation.

Just bitching about some Mexican guy driving an old car on his way to work.

[naaman fletcher]

22. Good post.

I agree with you 100%.

[Echo In Light]

25. +1

[dajoki]

28. Agreed n/t

[bik0]

36. What about "mass suspicionless stop and search checkpoints" at airports?

I'm OK with DUI checkpoints for the same reason I'm OK with airport security checkpoints. It makes then roads safer. DUI checkpoints around here (Cincinnati, OH) are always on Friday nights after 9 PM when there's a higher percentage of drunks are on the road. If the intent is to catch illegals under the guise of catching drunks that's another matter. If they were to set up check points on week days during working hours in a Latino neighborhoods then there might be a case. Otherwise it's just another typical unfounded DU conspiracy theory.

[EFerrari]

39. I know. It's unreal. Some people are so anxious to make sure

undocumented workers get nothing that they completely miss what this policy means to their own civil rights. :crazy:

[proteus_lives]

46. "Just bitching about some Mexican guy driving an old car on his way to work."

Who is going to flee the scene if he hit someone or something because he has no license or insurance.

[backscatter712]

50. ++!!!

[readmoreoften]

53. The differences between FR and DU are growing smaller by the day. As is the difference between R & D

Hell, the treatment of undocumented workers on FR and much of DU is identical.

[Obamanaut]

24. Perhaps unlicensed drivers should not be driving. If unlicensed, they

are quite likely uninsured as well.

They should not be on the public roads, nor should drunken drivers.

[Quantess]

27. Agreed.

[JoeyT]

31. The short way of explaining all this is

that in most jurisdictions the cops at one point or another wanted to set up checkpoints to search every vehicle. (Illegal drugs mostly)
The courts repeatedly came down heavily on the "Not only no, but hell no. That's illegal search and seizure."
Sobriety checkpoints are just a way around the Fourth Amendment. Period.

I personally have never gone through a sobriety or insurance checkpoint without the cops demanding to search my car and having to stand there and wait for them to get a warrant. Not once. Mostly because hick cops can't tell American Indians and Hispanic people apart. Darker than a white person but lighter than an African American? We need to see what's in that trunk, sir. (And I'm always sober with up to date insurance, license, and registration.)

Probable cause? Never mind that shit. Won't someone think of the children.

[bridgit]

35. OTR deaths by DUI are real, and shouldn't be linked to activities of illegals...

But there's a reason why we here have to have uninsured motorist insurance...that's because people were driving round uninsured and crashing into insured people. If you find yourself entering a DUI checkpoint, I'd recommend being keen on just where your docs are supporting your right to pass without incident and woe unto they that actually *are* or *doing* something illegal

And no, that's not fascism that's simply the way it is. For instance, you can buy tires at Les Schwab and they'll rotate them for free. Without proof of purchase that likelihood fades. Without a valid CDL, current registration, and proof of insurance the likelihood of passing without incidence also fades - that's just the way it is till the V for Anarchy Revolution commences, where I presume papers will need to be produced showing compliance thereto, buh'sides...

If they want to *capture* illegal immigrant workers they need to setup their DUI checkpoints in the middle of pear & peach orchards, high end gentleman horse & cattle ranches in Amador County, any number of family owned Cocina restaurants, start shaking down every concrete finisher and wine vineyard in California and the folks that sweep up Reagan's POTUS library, etc, that ought to keep them busy - that's where the big bucks are anyhow and everyone knows it

About your Prop 13 tag - I recall back seeing an internal float past where state republicans were cluster-fucking the entire state budget sideways because of a 3% - just a 3% tax increase on luxury yachts & purchases and these pissy-ass fat-cat republicans threw the whole budget down a rat hole simply because they could

"From My Cold Dead Hands!" what nonsense when gripped in the cold dead hands of Howard Jarvis

It took years of manuvering to get rid of Richard Pombo...but Condit is sent packing on a whim