Thread: Oakland's undocumented drivers can keep their cars;

Oakland's undocumented drivers can keep their cars; avoid thousands in impound fees
By Cecily Burt
Posted: 01/24/2011 06:29:48 PM PST
Updated: 01/24/2011 07:02:43 PM PST


Undocumented immigrants caught driving without a license in Oakland used to pay hundreds, and sometimes thousands, of dollars in tow and impound fees -- often racking up lost wages -- before they could get their cars back.

But the police department quietly changed its policy in November, and now motorists whose immigration status prevents them from obtaining a license are allowed to sign a waiver and leave their car parked nearby, or call a friend or family member to immediately come pick it up.

Oakland City Councilman Ignacio De La Fuente, who represents the Glenview and Fruitvale districts, said the new policy ends a practice that unfairly netted unintended targets during traffic enforcement operations.

"The purpose was to get drunk drivers, or people with warrants or with guns, but the unintended consequence was most of the drivers who got cited were unlicensed immigrant drivers," De La Fuente said. "I remember one night last fall on Foothill Boulevard and 34th Avenue, about 29 cars were impounded. One was a family with a baby in the back, and they had to walk home.

"The law is the law, but we can apply it with some sensitivity," De La Fuente added. "The intent of these actions is definitely to get criminals, not people who are just trying to work and feed their family."

The change in policy applies only to drivers who have never had a license because the state law forbids it, and not to motorists whose drivers license has been suspended or allowed to expire.

The new policy also does not apply to drivers who are putting the public at risk by participating in sideshows or speeding, or have warrants or driving while drunk or on drugs.

Youth leaders with Oakland Community Organizations had pushed for the change in policy for a few years, said community organizer Emma Paulino. Through their research, they found that on average, more than 50 cars owned by undocumented drivers were towed and impounded every month, and the drivers paid an average of $2,500 to retrieve their vehicles. The policy also made the immigrant community feel unfairly targeted and distrustful of police.

"It's amazing how many immigrants were caught up in this," she said. "It took three years of work, with different police chiefs, to get it done."

Berkeley adopted a similar policy in November and San Francisco did so a year earlier.

According to Lt. Mike Poirier, who gave a report at the Jan. 11 Public Safety meeting, first-time offenders receive a citation.

If they agree to sign a waiver holding the city harmless for any damage, they can park their car on a city street and have someone pick it up later if there is no licensed passenger in the car. If someone is stopped more than once in a six-month period, the car will be towed, Poirier said.

Last year the city earned $360,000 in revenue from tow and impound release fees, but that figure will go down because of the change, Poirier said.

Some towing companies have also seen their business drop since the city changed its policy.

Ismael Santoyo, of Ismy's Towing in East Oakland, said the new policy, combined with other changes such as fewer checkpoints being run by the Police Department, fewer sideshows, and allowing drivers whose cars were booted for nonpayment of parking tickets more time to pay before a tow is called, have nearly put him out of business. The undocumented tows and impound fees represented about 50 to 60 percent of his business, he said.

"We used to do 100-200 tows a week, now we do 25-50 a week," Santoyo said. "I've had to lay off three drivers and a mechanic and cut my overhead. I had to stop insurance on three trucks. Before the city used the boot only until the tow was called, but now people have 72 hours to pay."

Santoyo recognizes that a big part of his problem will result in a better situation for fellow Latinos.

"We feel bad because this business is our life, but people drive without a license because they have to work, they have families and they have to drive," he said.




http://www.insidebayarea.com/news/ci_17187126

One was a family with a baby in the back, and they had to walk home.

Well of course there was an anchor "baby in the back". That's all these people do is sneak in here and commit crimes, steal jobs, bankrupt our country and breed to ensure we never recover from it. When did you ever care if there was a "baby in the back" of an American's car when you locked them up for smoking pot and threw their lives in the toilet? Oh wait, most of those babies are Black Americans, whose parents are arrested 7 to 1 over whites when there are 7 x more whites than blacks in our country and blacks and whites use drugs at the same rates.

You racist eggheads make me want to puke.

"The purpose was to get drunk drivers, or people with warrants or with guns, but the unintended consequence was most of the drivers who got cited were unlicensed immigrant drivers."

Sounds like they are breaking the law to me. If they can't prove they are in the country legaly they should be turned in to ICE and deported.

Originally Posted by Judy

When did you ever care if there was a "baby in the back" of an American's car when you locked them up for smoking pot and threw their lives in the toilet? Oh wait, most of those babies are Black Americans, whose parents are arrested 7 to 1 over whites when there are 7 x more whites than blacks in our country and blacks and whites use drugs at the same rates. You racist eggheads make me want to puke.

Until I discovered Lamar Smith's writings on illegals - and those drivers are not undocumented anything's, they're illegal aliens who are driving illegaly - I didn't think that there was anyone in Washington who both knew what was being done to Americans and was willing and able to express it clearly. Couldn't be happier that he's chairman of the judiciary committee.
************************************************** **********************************
Americans first in this magnificent country

American jobs for American workers

Fair trade, not free trade

I so wish I was a lawyer right now. I smell a real fat fat payday for whatever laywer wants to find some non illegal immigrant clients and sue the city over this.

If I'm understanding this right citizens are still towed and have to pay the huge fines. However an illegal can get a waiver and not have to have their car impounded and get out easy. Sounds like a quick win on unfair treatment under the law to me. I could think of at least 5 ways to challenge this on depending how exactly it works such as if the illegal still have to pay the fine or gets it waived... either way still ways to challenge it.

One of these days I should just head off to law school.

Originally Posted by ReformUSA2012

I so wish I was a lawyer right now. I smell a real fat fat payday for whatever laywer wants to find some non illegal immigrant clients and sue the city over this.

If I'm understanding this right citizens are still towed and have to pay the huge fines. However an illegal can get a waiver and not have to have their car impounded and get out easy. Sounds like a quick win on unfair treatment under the law to me. I could think of at least 5 ways to challenge this on depending how exactly it works such as if the illegal still have to pay the fine or gets it waived... either way still ways to challenge it.

One of these days I should just head off to law school.

You are right! I was just thinking along the lines of another reason they think they are entitled, but if they can beat the law and citizens can't then someone should fight this. Too bad I have no contacts left in Cali...LOL!

Oakland City Councilman Ignacio De La Fuente, who represents the Glenview and Fruitvale districts, said the new policy ends a practice that unfairly netted unintended targets during traffic enforcement operations.

City Councilman Ignacio De La Fuente? Looking out for his raza is would seem. Pnce again a certain group is receiving preferential treatment because of the choices they made. What are new, these people are always getting breaks from the la raza traitors in our government.

I so wish I was a lawyer right now. I smell a real fat fat payday for whatever laywer wants to find some non illegal immigrant clients and sue the city over this.

If I'm understanding this right citizens are still towed and have to pay the huge fines. However an illegal can get a waiver and not have to have their car impounded and get out easy. Sounds like a quick win on unfair treatment under the law to me. I could think of at least 5 ways to challenge this on depending how exactly it works such as if the illegal still have to pay the fine or gets it waived... either way still ways to challenge it.

One of these days I should just head off to law school.

I hope they are sued left and right for this.

Has anyone seen that cable show, "Parking Wars?" There are hundreds upon hundreds of people who pay exhorbitant fees when their automobiles are booted and/or towed due to unpaid tickets. I have yet to see one of their cases dismissed or their monies returned. Why are illegal aliens given preferential treatment? It just encourages more lawbreaking.