UPDATE: Confronted with questions raised by the State Legislative Counsel on whether its proposed policy is legal and where City Attorney Carmen Trutanich stands given his conflicted positions, the Police Commission put off a decision Tuesday on a new car impound policy for two weeks. ACLU and National Lawyers Guild attorneys argued the Legislative Counsel is wrong in asserting impounds are mandatory for unlicensed drivers in most cases.
In terms of public safety, it is madness to deny drivers licenses to illegal immigrants who drive anyway. No photo, no thumb print, no name, no record of who is behind the wheel.
It is even crazier to do what the Chief Charlie Beck wants to do to please the mayor and advocates for illegal immigrants who prefer to ignore the law on impounding cars of drivers without licenses rather than to change the law so there is a record of who is behind the wheel.
Today, the Police Commission will consider whether to approve Beck’s plan to ignore state law and effectively bar officers in most instances from impounding the cars of illegal immigrants when they are stopped for a traffic violation.
Beck doesn’t even believe it’s a policy change, only a procedural change, so neither the commission nor the City Council have a say in the matter.
It takes Beck nine pages of convoluted and clumsy prose to explain in his proposed unnumbered Special Order how officers are supposed to use their discretion in deciding whether to impound or not impound the vehicle of a driver without a valid license.
His cover letter to the Police Commission is shorter and to the point: “Officers will continue to be guided by the Community Caretaking Doctrine when deciding whether to impound a vehicle driven by an unlicensed driver or a driver with a suspended or revoked license. When an unlicensed driver’s vehicle will be impounded, officers will be directed to place a 30-day hold if the driver has prior convictions for being an unlicensed driver, is unable to show proof of insurance, has insufficient identification, or is at-fault in a major traffic collision.”
The language obscures the goal: Cars of drivers who have never had a valid license because they are illegal immigrants and barred by state law from getting licenses will no longer be impounded in most instances.
He rests his case on the legal advice of City Attorney Carmen Trutanich’s lawyers who have told him that a section of the vehicle code leaves it up to officers to decide what to do at a traffic stop when the driver has a suspended or revoked license or never had a license.
“The department has worked very closely with the Los Angeles city attorney’s office in the crafting of the revised protocols and believes those protocols are lawful,” says Commander Andrew Smith.
On the other hand, Trutanich’s lawyers have argued out of the other side of their mouths in a federal court lawsuit filed on behalf of illegal immigrant drivers whose cars were impounded for 30 days (Miranda Motion to Dismiss)(9th Circuit Brief). In this case, they cited a specific section of the law that requires 30 day impounds of drivers who never had a license or had their license revoked or suspended
The double-talk from the City Attorney’s office is nonsense, according to the state Legislative Counsel which issued its opinion the impound question on Saturday (Legislative Counsel Opinion – Unlicensed Drivers). Here’s the key passage:
Turning to the question posed, both subdivision (p) of Section 22651 and Section 14602.6 authorize the impoundment of a vehicle driven by a person who has never been issued a valid driver’s license. While Section 14602.6 specifies a mandatory 30-day impoundment period, subdivision (p) of Section 22651 does not. However, subdivision (p) of Section 22651 applies generally to vehicles driven by drivers in violation of Section 12500, which includes drivers whose driver’s licenses have expired, while Section 14602.6 applies only to those vehicles driven by drivers whose licenses were suspended or revoked, or by drivers who were never issued a driver’s license. It is a “long-standing principle of statutory construction [that] a special statute governs over a general” (People v. Jackson (2005) 129
Cal.App.4th 129, 170). Hence, in regard to a vehicle driven by a person who has never been issued a driver’s license, it is our opinion that Section 14602.6 would control.
Hence, in plain English, state law requires officers who stop a driver who has a license that was revoked or suspended or who never had a license to issue a citation and impound the car for 30 days.
But Beck feels he can pick and choose which laws he is going to enforce — much to the displeasure of the officers’ union, the Police Protective League which has vigorously protested his plan to stop impounding cars.
The union has seized on the Legislative Counsel’s opinion and Beck’s comments in a recent KFI interview in which he said:
“All of our procedures have been run through the city attorney’s office, their opinion is that what we are doing is absolutely legal, their opinion is that either section can apply, their opinion is that progressive penalty makes the most sense. I don’t do things in a vacuum. I have not only met with the city attorney on this, I’ve met with the district attorney on this, I’ve met with community groups, I’ve met with immigration rights groups, I’ve met with our elected officials, discussed this with members of the media. You know, there has been a lot of discussion and a lot of thought and if I had any inkling that what we were doing was illegal or, or a hazard to the public, I wouldn’t do it.”
“With the release of the California Legislative Counsel opinion that the policy is illegal, we ask the Chief to stand by his words that if he had any inkling that what he was doing was illegal or a hazard to the public, that he would not do it,” said PPL President Tyler Izen.
“The proposed policy change jeopardizes public safety and welfare, as well as the safety of our officers, exposes the City and its officers to liability and the modification directly conflicts with and undermines the official position taken by the City of Los Angeles.”
So the question for the members of the Police Commission to consider is whether the hardship faced by impounding the cars of the most unfortunate among us — people without any identity living in the shadows of our community — outweighs the danger they pose as unlicensed drivers.
It doesn’t seem to be a close call when the law seems clear to everyone but the City Attorney’s office and Chief Beck.
The right answer is to change the law — not ignore it.
Thanks chief beck,and Mayor do-nothing for making my daily drive thru Van Nuys even more dangerous….advice to readers raise your uninsured motorist portion of your insurance coverage to the max,this is the only protection we legal licensed drivers have…
I would like to asky Beck why weren’t any CPAB’s or Neighborhood Councils asked to give their opinion and only the illegal immigration groups? Chief Moore stated this morning that the National Lawyers Guild told him there are car insurance companies who provide insurance to unlicensed drivers. I want him to name those companies so we can boycott them. Boyle Heights had a innocent victim killed last Friday by an unlicensed driver.
The staff of the Ethics Commission, egged on by Wesson, Englander and the mayoral campaigns of Garcetti and Gruel, are trying to hoodwink the Commission into dramatically raising campaign donor limits.
If you think the money problem in local politics is bad now, just wait and see!
Come out on the 23rd and give the Commission a piece of your mind…
re: Frank – short of simply dropping our own insurance and joining the illegal crowd, that is.
This appears to be a deliberate refusal to enforce the law. Such dereliction of duty is chargeable by the District Attorney as a form of malfeasance in public office. Where is Steve Cooley? How long is he going to sit on the sidelines instead of enforce the official duties of public officials?
“… or is at-fault in a major traffic collision.”
Are they kidding? A major traffic collision? What constitutes a “major traffic collision?” A totally wrecked car? Killed driver or passenger? A snarl that ties up traffic for hours? Or could it simply be a fender that’s dented so badly the wheels won’t go round-and-round and a tow truck has to be called?
Beck’s a wuss and the mayor’s puppet. But we knew that the minute his name was submitted for approval. Another good reason to elect the police chief instead of having him appointed. Of course, elected chiefs have their own built-in problems.
companies that write drivers w/out USA DRIVERS LICENSE …unitrin,infinity,western general,dairyland and so many more.This is how they do business they write the illegal the calif legal liability policy,illegal makes downpayment gets insurance proof card,register car at dmv,never pays premium.At DMV,a person does nt have to be license to register a car..The license drivers are screwed either way..we must make all driver accountable and responsible..Beck needs to know driving is a privilege not a right….
I do not think Beck or Villar or City Council members are lawfully allowed
to change laws that govern all drivers.
I GIVE OUR POLICE CHIEF A NEW NAME:
CHIEF CHARLIE DOUCHE-BECK!!!!!!!!!!!!!!!
The epitome of slime and rot in Government!
No, Ron, let’s just deport the illegal aliens driving on our roads whether with a fake license or without one. They’ve broken our immigration laws and don’t belong in the US putting citizens & legal immigrants in danger. They wouldn’t be in accidents in our country if they weren’t here.
The cars should be impounded so they get punished for breaking the law. Don’t support the way the mayor & his lackey the chief are looking the other way for illegal aliens and punish us for following the laws. Why should any of us have a license or insurance or register our car if the city & state are not going to enforce the laws?
If that’s ok then why have laws for anything else in our society?
Going a step further, why bother having a border & immigration laws if the laws & border isn’t going to be protected and the illegal aliens punished for breaking our laws with impunity?
Do you believe as SEIU & the AFL-CIO does? La Tierra No Tiene Frontera – The earth has no borders. Should the illegal aliens also have representation in government? How about benefits & low-cost housing? Would you also support free access to any of our jobs without E-Verify?
Who gets to come into the US? Does America have any say on this and how our country is run?
As a backseat driver, I would change the last line to: The right answer is obviously in front of us — enforce the laws.
The Police Commission panel are agents of the Chief of Police and the City’s Trustee’s, the city council members. ( city council sets police policy ) The LA Municipal Code states if an agent of the city knowingly and deliberately makes a decision to violate the law, and that agent is sued, the City is not obligated to defend that agent.
Hey Ron,
Thanks for your thoughts, although it has never been enforced. It is also part of bush’s more recent Military Commissions Act, which also legalizes bush’s “enhanced interrogation techniques” and strips Habeas Corpus from the Constitution. Whether the gun restrictions under that law too will ever be enforced, the country will not know until the day martial law is imposed upon America.
These bush laws provide the groundwork for a Soviet-style police state to very rapidly spring into existence should a president, for whatever reason, decide to declare a state-of-emergency.
How many of bush’s supporters these past 7 years would continue supporting him if he or any future neocon president ever felt his political power to be so threatened by the American citizenry that he decides to enforce these now-legal gun-restriction provisions on the American people?
Cheers
So becks puppet master Villar got a position of the DNC convention chairman. I guess Villar has something to offer to the current administration.
how can anyone who lives in LA vote for Obama after this …Mayor. do-nothing is a rising star………..
I keep hearing Commissioners and National Lawyers say this change in policy is because of the hardships of illegals. Illegals have been in LA for about 35 years and the MTA seemed to be fine for decades. This would have neer happened under Bratton watch. No one has stated the more pressing issue and that is Illegals refuse to learn English so they can’t read traffic signs posted. How do they know when to turn in large intersections with different color lights, what the speed limits are in school areas or parks etc. , how fast they can drive on the fwy., etc. Beck is knowingly aiding illegal immigrants who are breaking the law. Now, how can that possibly be ok with everyone. IT’S NOT!!
“Beck doesn’t even believe it’s a policy change, only a procedural change, so neither the commission nor the City Council have a say in the matter.”
Any procedure can become policy once the commission or Council decides to make it so.
Hey Ron,
Cool Post, Law enforcement officers are of different forms, each having a different jurisdiction and set of duties. Some officials are city-based, while others are working in rural areas. Some members associated with the police force take part in the close-up analysis of proof and evidence, while others are just in the office and don’t patrol at all. Here is a basic overview of the numerous types of the police and law officers.
Cheers
The legislative analyst’s opinion carries weight. There is one issue which was not addressed. Are the words, “who never obtained a driver’s license,” applicable to someone to whom the State refused to issue a drivers license. Impossibility can be a defense to non-compliance to a malum prohibitum statute.
A wise society, however, would enact rational laws to protect the public safety and allowing all drivers to have drivers licenses is a reasonble policy. Refusing to allow people to obtain drivers licenses due to ethnic hatreds harms the domestic population by exposing them to the risk of un-educated, un-skilled and un-insured drivers.
Because having undocumented persons obtain drivers licenses is a feasible goal and preventing the same people from driving is an impossible goal, the State should shove aside its bigotry and adopt the policy that makes the roads safer.