Comment on this post

Law and Disorder, Part 1: A Dangerous and Potentially Costly Departure from State Law

Editor’s Note:The mark of civilized society society is respect for the rule of law and the justice of the law. Not so long ago, the issue of law and order was focused on the poor of large American cities. But violent crime is down sharply across the country today in the poorest community of Los Angeles and other major cities. Increasingly, questions are being raised about whether the rich in our financial institutions and the powerful in our political institutions are abusing the law for their own benefit. This is a first in a series of articles taken from the Internet.

By LA Police Protective League, Board of Directors

LAPD
officers are sworn to always uphold the law. But a recent change to the
Department’s impound policy disregards the well defined vehicle code,
threatening the safety of drivers and possibly exposing the City to legal
liabilities at a time when it’s struggling to close a huge budget gap.

The California Vehicle Code clearly defines the grounds for “Impoundment
and Forfeiture of Motor Vehicles.” Under Vehicle Code Section 14607.6 (c) (1): 

 

If a driver is unable to
produce a valid driver’s license on the demand of a peace officer enforcing the
provisions of this code, as required by subdivision (b) of Section 12951, the
vehicle shall be impounded regardless of ownership, unless the peace officer is
reasonably able, by other means, to verify that the driver is properly
licensed. Prior to impounding a vehicle, a peace officer shall attempt to
verify the license status of a driver who claims to be properly licensed but is
unable to produce the license on demand of the peace officer.

 

LAPD
rank and file know all too well that in these situations, it’s often impossible
to verify a driver’s licensure status because, alas, the driver is not
licensed. When this is the case, the law clearly mandates the impoundment of
the vehicle.

But the Department’s revised policy states that instead of impounding the car
of an unlicensed driver stopped at a DUI checkpoint – as required by law -
officers must now identify the vehicle’s registered owner and release the
vehicle to the owner (or the owner’s designee) if he or she is able to respond
to the scene “within a reasonable amount of time.”

The value of impounding vehicles driven by unlicensed drivers is two-fold.
First, the cost and inconvenience of recovering an impounded vehicle should
discourage anyone from violating the license requirement. Second, an unlicensed
driver who is willing to ignore the law is, at least temporarily, unable to
further violate this law while his or her car is impounded. This new policy
substantially reduces the disincentives against unlicensed and unlawful
operation of a vehicle. Moreover, it exposes officers and the City to potential
legal liability stemming from any damage or injury caused by an unlicensed
driver’s continued operation of a vehicle that should have been impounded under
state law.

For these reasons, the League has filed a class action grievance against the
policy change. The grievance seeks to have the modification rescinded. If the
City and Department feel strongly that the new LAPD policy is somehow more
enlightened than state law on this matter – we can’t imagine how it would be -
they should devote the necessary resources and time to have the California
Vehicle Code changed. Until then, the proper course of action is to follow the
law as the men and women of the LAPD are sworn to do.

Enhanced by Zemanta
This entry was posted in City Hall, Hot Topics, Los Angeles and tagged , , , , . Bookmark the permalink.

11 Responses to Law and Disorder, Part 1: A Dangerous and Potentially Costly Departure from State Law

  1. Anonymous says:

    Beck is nothing more then a lapdog to Antonio. This policy is discriminatory against the LEGAL residents and it conflicts with STATE LAW. They should rescind. I’m Latino and the illegals sure have monety to spend on Quinceneras. They buy Hummer limos, spend a fortune on liquor, have cell phones, Iphones and top videos but Beck feels sorry for them? What about the 12% unemployed in LA? Have you all noticed that since the Failure of a Mayor Antonio has taken office our City has deteroriated? Everywhere you go in restaurants, grocery markets, gas stations, CVS-Rite Aide, etc. all the workers are speaking Spanish. The legal Mexican Americans in this City are sick and tired of the damn illegals getting priority attention. Sadly, we have become the silent minority

  2. Anonymous says:

    Thank you for your accurate description of what I know and have observed. I think the equivalent of a Mafia has taken over our Los
    Angeles. Drugs, sex and tolerance for law-breakers prevail. Yes, thank you. I have shared your reminder of what is really going on
    with my family and friends. We must have law
    and order return or it will be impossible to live here. We must not put up with this mayor
    and city council anymore. Either they have lost
    control or are part of the problem.
    God bless America.

  3. Anonymous says:

    It’s so amusing to see all of your complaining about the sorry state of the city. But come 2013 mayoral election, are you going to vote for a candidate who is clearly against the illegal immigration? Nah, it will be the same as 2009. — Walter Moore was against the illegals and sanctuary city policies but somehow he was not good enough but the illegal ardent supporter Villar was good enough for you. Forget it. This city is finished. Another 5 years and it will be Detroit but with better weather. It’s already looking more and more like Tijuiana.

  4. Anonymous says:

    We are not finished, maybe you are, but I am not.
    Folks, this city needs your participation in every election – not necessarily for Party, but
    definitely a vote for your ethics and desires.
    Just remember that your vote does matter. And
    Uniion members: noone can know how you vote if
    you go to the polls. I am not so sure mail-ins
    are a good idea. Too easy to make an “oops” and make a mistake in the count. Know what I mean?

  5. Anonymous says:

    Let’s get back to the topic at hand. Cops are pissed this dumb ass policy was revised. Since when can a Chief revise State policy because of his personal feelings. Beck is looking pretty damn weak these days. The fact the Dodgers have to bring in Bratton back to help with security doesn’t make him look good. Beck stated to the media he revised the vehicle policy to help illegal immigrants because of their situation. Is he f–king kidding???? I was standing in line at the Ralphs market and an illegal pulled out 3 WIC checks then a grocery credit card all paid for by my tax dollars. I hope Brown cuts all the CalWorks, WIC, Welfare to illegals. The illegal parent kids get free lunch and everything else. We grew up poor but no one gave us a hand out nor did we want one. WE HAD PRIDE. Before you slam me “I’m Legal Latino” too

  6. Anonymous says:

    Yes I am finished. Why should I care and bother to vote — let’s see
    - I voted for the valley to secede
    - Voted against Villar in 2009
    - Voted against my clowncilman last month
    _ Voted against Boxer & the local congresscritter
    And I was consistently on the losing side. People are just too passive, they don’t care about their interests, they like to feel warm and fuzzy when voting for PC candidates, they are clueless about the issues.
    The point is Villar supports the illegals and since Beck owes his job to Villar, he carries his water. Maybe Walter Moore would pick somebody else as the police chief who’d enforce the laws equally for e everybody. But you preferred Villar so shut up about Beck. You got what you deserved.

  7. Ms. Anonymous says:

    Anon. 10:37, Don’t graffiti all of us with the same brush. Thousands of us voted exactly the same way you did, and gave Walter Moore our full support and some of our money.
    We did not get what we deserved or what we voted for.
    Fie on the Dodgers for hiring Bratton. All he did was “pussy”foot and “pussy”up to the mayor. What a weak sister! He may have tamed New York and butted heads with their mayor and cleaned up the graffiti when he was there, but by the time we got him the tiger had turned into a pussy cat. He did nothing to endear himself to L.A.’s hard-working, legal citizens.
    As bad as Bratton was, Beck is worse; a super-pussy by comparison.

  8. Anonymous says:

    The Failure of a Mayor is not committing nor Beck to MAKE the DODGERS pay for all the officers who will be deployed at games now. This is total BS if the Dodgers doesn’t pay for LAPD to be there. They make millions in merchandising, vendors etc. and now LAPD will be there to keep the peace at McCourt hasn’t had the guts to state who is going to pay. I’ll be damned if my tax dollars is going to pay for LAPD to be at Dodger games. How many tickets does the MAyor get every season and KFI reported City Council members get tons of free tickets to give out to all the at risk people young and old. I bet the suspect is one of those the council members invited. Reporters should be investigating this story big time. How many Dodgers tickets do they get every season FREE?

  9. Larry says:

    The problem I have with this ordinance is the same I have with other forms of Asset Seizure, it isn’t right to the property owner and can be overly burdensome to the those least able to afford it.
    I would like to know about what the process is to recovery your vehicle, the cost per day, does the City or LAPD get any fees from this, etc.
    What if the vehicle owner is innocent? How much will fees including any legal fees be to recover the owner’s vehicle? Will that owner be truly made whole after the seizure?

  10. Anonymous says:

    Anyone know the statistical correlation between hit and runs and the influx of illegals in Los Angeles?

  11. Anonymous says:

    Anyone know the statistical correlation between hit and runs and the influx of illegals in Los Angeles?

Leave a Reply

Your email address will not be published. Required fields are marked *

*

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>