DUI checkpoint sites questioned

[Crusader01]

http://www.tennessean.com/apps/pbcs.dll ... /701050383


Friday, 01/05/07
DUI checkpoint sites questioned
Advocates say immigrant areas targeted

By CHRISTIAN BOTTORFF
Staff Writer
and CHELSEA HADAWAY and JOHN BOAN
For The Tennessean

This week's announcement that the immigration status of foreigners booked into the Metro Jail will be scrutinized could cause once-routine police operations, like sobriety checkpoints, to be viewed with new suspicion, immigrant advocates said.

Tonight, Metro police will set up a roadblock near Murfreesboro Pike and Thompson Lane to check for impaired motorists. That spot, like many of the checkpoints set up this winter, is near some of the county's most heavily Hispanic neighborhoods.


Police say the locations are selected at random, though they do take into account places where DUI incidents and other crimes are frequent.

When the county's new immigration plan takes effect, possibly in as little as 90 days, those arrested at the checkpoints could face penalties more severe than jail: Many could find themselves deported.

"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.

"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"

The sight of patrol cars could intimidate immigrants who, even if not driving under the influence, could be arrested for relatively minor offenses like driving without driver's licenses or arrested on outstanding warrants.

People may be scared

In the Metro checkpoints in December, eight of the 21 people arrested were accused of driving under the influence, according to Metro police figures.

"It has the potential to scare people from talking to authorities," said Yuri Cunza, president of the Nashville Area Hispanic Chamber of Commerce. He added: "The population will be frightened."

Under the program announced this week, people found to be in the country illegally after being booked into the Metro Jail will be turned over to immigration authorities for deportation proceedings.

In the coming months, local and federal officials will negotiate the final details, and Davidson County Sheriff Daron Hall hopes to have the program running in about three months.

Metro police Lt. David Corman, who heads the department's traffic section, said there would be no effort to use the checkpoints to target illegal immigrants.

"We're always scrutinized with what we do, where we do it, and for what reasons," Corman said. "It could be perceived as an issue and that we will have to monitor.

"But I can defend how we use these tools to combat intoxicated drivers.

"They're not based on minorities or getting ethnic groups into the system.

"They are based on intoxicated-driver hot spots, fatal driver hot spots, etc."

Those who advocate a tougher line against illegal immigrants don't want to see any police tactic taken off the table.

"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.

She added: "The people who are here illegally need to fear deportation, and sadly for the past 24 years, they have not."

Kelvin Jones, executive director of the Metro Human Relations Commission, suggested authorities take a close look at their practices regarding checkpoints.

"Here it appears to be a disparate impact on a particular community," he said.

"Some would make the same argument if they were at Belle Meade Boulevard and Harding.

"If you always had them there, those people would say, 'Hey, why are you picking on us?' "

Nashville attorney Vanessa Saenz, who works in family law and immigration law, said she will begin advising her local clients differently because of the changing legal climate.

"Now that (police) are going to be checking IDs, (immigrants) are going to be even more scared," she said.

"I used to tell my clients to call the police if something was wrong, but not anymore."

[Beckyal]

People that disobey immigration laws don't care about driving and drinking laws. How many people have been killed by drunk illegals? Check sites are always set up where people are known to drink and drive. At one time every Friday night there was a check site outside every military base in the country due to the drinking on base. it is now time that areas that heavy in illegals have heavy drinking and driving and need the check points to protect citizens. Everyone of our laws are being thrown out when it comes to illegals. Discrimination against legal americans is growing every day due to these suits. Soon we will be a third world country with no laws.

[sippy]

"If a DUI checkpoint catches a drunk driver, it's a good thing, and if it catches an illegal, it's even better," said Theresa Harmon, co-founder of Tennesseans for Responsible Immigration Policy.

If a checkpoint catches a drunk illegal driver its ten times better!

[Skip]

In Escondido, CA, they do not even call them DUI Checkpoints anymore.

Now they are called for what they are "Driver's License Checkpoints"!

In just 2 hours the police impounded 35 cars!

R/ Skip

One arrested, 40 cited in Escondido checkpoint

By: North County Times -
January 3, 2007

ESCONDIDO -- Escondido police arrested one driver and cited 40 others Wednesday morning at a driver's license checkpoint on Bear Valley Parkway near Kit Carson Park, authorities said.

Of the 1,889 drivers to pass through the checkpoint from 9 to 11 a.m., 1,240 were asked to show their licenses -- the others were waived because of traffic backup -- and 56 were directed to a secondary inspection, Lt. Tom Albergo said.

Police cited 31 drivers for not having licenses and four for driving with a suspended license, Albergo said. Twenty-three of those drivers were also cited for not having insurance.


Police also arrested one person for an outstanding misdemeanor warrant and impounded 35 vehicles, he said.

http://www.nctimes.com/articles/2007/01 ... 1_3_07.txt

Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

Escondeeter wrote on January 03, 2007 11:44 PM:"Keep up the good work EPD. Every unlicensed driver off the road makes the city that much safer."

Esco native 30+ yrs wrote on January 04, 2007 6:46 AM:"Thank you EPD. Lets step up the checkpoints this year. And the Anti gang units. Take back our City. "

bryan wrote on January 04, 2007 8:02 AM:"Way to go ESPD. Keep up the good work. Escondido has the highest rates of hit and run accidents in california. This should be done evey week at different locations."

Unknown Driver wrote on January 04, 2007 11:08 AM:"All Right EPD, keep up the great work. Soon I will be able to drive down any street at the posted speed limit, instead of 10 miles per hour underneath it. Thanks again."

Skip wrote on January 04, 2007 2:04 PM:"Re: Police cited 31 drivers for not having licenses >>>> Do they impound the cars or are they just letting them drive away? The story was not too clear on thus point."

Dane wrote on January 04, 2007 4:23 PM:"Great job Esco-PD. Please keep this up. Almost everyone I know who's been hit in Escondido was hit by an illegal with no insurance who has no business driving in the first place. I hope the impounded vehicles can be sold to help pay for more cops as well as for raises for existing members of the force. I'd also like to see some cooperative effort with the border patrol and have any illegals deported. If I had been caught for doing the same thing in Mexico I'd probably be in jail right now. I'm not illegal-bashing - I'm just stating it the way it is. NCT - what happens to these impounded vehicles? Why won't you report on that?"

To Dane wrote on January 04, 2007 4:59 PM:"Dane - who said anything about someone being here illegally? The article said no such thing."

B wrote on January 04, 2007 5:50 PM:"Very cool to see these checkpoints popping up all over the place in Escondido. I too would like to see at least one per week; clean up the streets and get the uninsured/unregistered/unlicensed off the road!"

Welcome wrote on January 04, 2007 8:49 PM:"Welcome to the Strong Arm of the Law...Escondido. Home of the Bullies. If you bloggers really think that the EPD/City of Escondido are conducting these checkpoints to "make our streets safer" - then you all really need to get a clue. This is a revenue thing and that's pretty much all it is. Do you really think these people will stop driving because they are sans a 2x3 inch laminated "piece of paper" saying so. In a city of 145,000 - it's incredible you bloggers are so excited about the "great job" - 35 cars impounded - wow - what an impact. P.S. Yes, I am a licensed, insured, legal US born resident. But, I am against the bully tactics used to net an arrest here and thirty five impounds there. "

Yeah Dane wrote on January 04, 2007 8:56 PM:"Every traffic accident in Escondido was caused by an illegal, sure........"

A wrote on January 05, 2007 12:25 AM:"Dane, I agree that we need more cops, but not only for the illegal drivers, but also for the stinky homeless with bad habits. Every time I see more new faces sleeping on the streets and asking for money. It's incredible they were born here in "America" they have the basic tools to have a better life,and they do not even have place where to take a shower. "

Skip wrote on January 05, 2007 10:21 AM:"Where is the outrage! Where are the public demonstrations? How about the "Activists Groups". There are some serious problems going on in Escondido! And I am not talking about rentals or homeless. I am talking about PUBLIC SAFETY and ACCOUNTABILITY! Can you imagine how many cars would be impounded if they did theses checkpoints every day, and for 10 or 15 hours instead of only 2 hours. Is lawlessness a way of life for Escondido? Every Escondido Citizen should be embarrassed at how the city is declining into a third world city, and if that were not enough they should be concerned about public safety. IT IS THE LAW IN CALIFORNIA THAT IN ORDER TO DRIVE A VEHICLE ON PUBLIC STREETS, THAT YOU MUST HAVE A LICENSE, REGISTRATION, AND INSURANCE!"

[JohnB2012]

Sorry, DWI and Drivers License checkpoints have been around for a long time and I'm sure they have been contested in court before.

"The risk factor is that they (police) ask for documentation from everyone in the car," said Nashville attorney Jerry Gonzalez, who often represents Hispanics immigrants. "It's not against the law to not have a driver's license or any identification if you're not driving.

"So what are they going to do if a passenger says they have no identification? Are they going to arrest that person?"

What an idiot! If they are looking for drunk drivers or doing license checks the police would have no reason to ask for anybody else's IDs. Of course if they guy in the back seat has an open beer or the car reeks of marijuana....well that's another story.

[Skip]

KCRA Investigates: DUI Checkpoints
Checkpoints Being Used To Enforce Other Laws


POSTED: 4:24 pm PDT May 9, 2005
UPDATED: 9:44 am PDT May 10, 2005

SACRAMENTO, Calif. -- For years, DUI checkpoints have proven an effective way to catch drunken drivers and prevent others from getting behind the wheel, but what some police agencies are now using those checkpoints for and who is being targeted is sparking a growing controversy.


The concern is that police are not only using the checkpoints as a way to enforce other laws but also as a way to make money -- especially since cities such as Sacramento make $70 every time they impound a car a DUI checkpoint, even if that car's driver was not suspected of drinking and driving.


Aturo Torres said he was pulled over at a recent DUI checkpoint on Broadway in Sacramento, his pickup truck was impounded and all of his belongings moved to the curb, and yet, Torres said, he had not had a single drop of alcohol to drink that night.

KCRA 3 Investigates found that what happened to Torres is becoming so common that a growing number of lawmakers and immigrant rights groups are up in arms.

At issue is whether police agencies are misusing taxpayer money by using state DUI grant money as an opportunity to crack down on a host of other laws.

"It's misrepresentation. It's almost a fraudulent use of resources," state Sen. Gilbert Cedillo, D-Los Angeles, said.

KCRA 3 Investigates found that some DUI checkpoints are becoming so large in scale that they involve dozens of officers cracking down on everything from felonies to driving without a license.

Records show that at the Sacramento Police Department's last five DUI checkpoints, officers arrested 22 suspected drunken drivers. But they also wrote 315 citations and impounded 259 vehicles belonging to people arrested for driving without a license or driving on a suspended license.

SURVEY
Do you agree with the practice of using police DUI checkpoints for the purpose of enforcing other laws with drivers who are not suspected of being drunk?
Yes, I agree with this practice
No, I don't think it's fair

Results | Disclaimer


Roseville's three most recent checkpoints identified nine suspected drunken drivers, but an additional 37 citations were written and 32 cars impounded.

In Vacaville, that city's last two checkpoints did not net a single drunken driver, but 44 citations were issued and 26 cars impounded.

Sacramento's police chief defends the use of DUI checkpoints beyond the bounds of just cracking down on suspected drunken drivers.

"It's clear the money is aimed at offenders driving under the influence of alcohol, but also it's clear that other violations of the law should be enforced," Chief Al Najera said.

Adding another layer of controversy is that many of those caught in DUI checkpoints -- such as Torres -- are undocumented immigrants. Immigrant rights groups say current law does not allow these people the chance to get a license legally and many can't afford to pay the $1,000 it takes when police impound their cars for not having a license.

"They lose their vehicle even though they're not drunk. That seems patently unfair to me," Mexican rights advocate Francisco Estrada said.

Najera admitted that people like Torres do sometimes get caught up in DUI checkpoints even though they were never suspected of drunken driving.

"In some cases, I don't believe it's entirely fair, but I really don't have a choice in this," Najera said.

Najera also said he feels the federal government needs to step in and address the issue of undocumented immigrants not being allowed to get driver's licenses.

The issue has been so controversial that the city of Oakland recently ordered a temporary moratorium on DUI checkpoints.

As a policy, the California Highway Patrol does not check for anything except suspected drunken drivers at checkpoints.

Cedillo and Assemblyman Alberto Torrico, D-Newark, have proposed legislation that would limit police powers at DUI checkpoints.

http://www.kcra.com/news/4468866/detail.html

[JohnB2012]

Aturo Torres said he was pulled over at a recent DUI checkpoint on Broadway in Sacramento, his pickup truck was impounded and all of his belongings moved to the curb, and yet, Torres said, he had not had a single drop of alcohol to drink that night.

So the police just took his car for no reason?

Adding another layer of controversy is that many of those caught in DUI checkpoints -- such as Torres -- are undocumented immigrants. Immigrant rights groups say current law does not allow these people the chance to get a license legally and many can't afford to pay the $1,000 it takes when police impound their cars for not having a license.

Ahhhh... He had no license and he is illegal![/quote]

[sippy]

Immigrant rights groups say current law does not allow these people the chance to get a license legally

This is such a crock. Illegal aliens just don't want to do it LEGALLY. They just want want want want...

[Skip]

Immigrant rights groups say current law does not allow these people the chance to get a license legally

This is such a crock. Illegal aliens just don't want to do it LEGALLY. They just want want want want...

Even President Bush said " These kind good hearted folks need cars to drive their kids to schools and Doctor's appointments.

[sippy]

Immigrant rights groups say current law does not allow these people the chance to get a license legally

This is such a crock. Illegal aliens just don't want to do it LEGALLY. They just want want want want...

Even President Bush said " These kind good hearted folks need cars to drive their kids to schools and Doctor's appointments.

Skip, you forgot to add, "at the expense of the American taxpayer."