Thread: Santa Maria, CA: Citations issued at checkpoint, no one arre

Citations issued at checkpoint, no one arrested for DUI

Posted: Saturday, February 26, 2011 1:34 pm | (0) Comments

An arrest was made and several citations were issued Friday night at a DUI and driver's license checkpoint in Santa Maria, but none were for driving under the influence.

The checkpoint was held by police in the 600 block of South Blosser Road from 6 p.m. Friday to 1 a.m. today.

During the operation, two drivers were evaluated for DUI but not arrested, five were cited for driving while unlicensed, one was cited for driving on a suspended license and one driver was arrested for having an outstanding warrant.

Six vehicles were impounded, five of which were driven by undocumented immigrants, according to police.

Funding for the checkpoint is provided by a grant from the state Office of Traffic Safety.

http://oneoldvet.com/

www.santamariatimes.com



The Constitutionality of Impounding Vehicles of Unlicensed Drivers
(more info at the source link below)

February 26, 2011
From: Sheppard Mullin Richter & Hampton LLP

Summary: There has been a recent flurry of public debate and litigation revolving around California Vehicle Code Section 14602.6, which authorizes law enforcemnt officials to impound a vehicle and hold it for 30 days when driven by someone without a valid driver's license. Some Civil rights groups claim it is unconstitutional in its impact on undocumented immigrants. Police and city officials defend the statutes on the grounds of the "community caretaking doctrine," and on the grounds that failure to tow and impound may lead to liability on the part of the governmental entity conducting the traffic stop. Some California governmental entities have questioned whether the statutory scheme is constitutional, and some have chosen not to enforce it. On Feb. 8, the 9th U.S. Circuit Court of Appeals upheld a 2008 ruling by California's Central District court that the statutory scheme is constitutional, supporting "the California Legislature's determination that such a temporary forfeiture is warranted to protect Californians from the harm caused by unlicensed drivers." Salazar v. City of Maywood, et al. (Case No. 08-56604) on appeal from Salazar v. Schwarzenegger (Case No. CV07-01854).

www.jdsupra.com

at least we get to take their cars ... considering that they aren't legal to even be DRIVING on the streets they shouldn't have a leg to stand on when it comes to questioning the checkpoints , but like everything else in this country , their poltical block is trying to paint the checkpoints as racist or unfair/cruel ....

if we don't take their cars they will NEVER pay the citiation or even show up in court ...

"if we don't take their cars they will NEVER pay the citiation or even show up in court ..."

Bottom line also is that if they can't prove legallity , ICE should be called in
to settle the question , I agree with taking their cars , But ICE should be taking them also.