REGION: Escondido's checkpoints big business

City, tow companies generating millions; practice under court challenge

By EDWARD SIFUENTES - Staff Writer | Sunday, August 10, 2008 7:51 PM PDT

Nearly three years after Escondido launched regular checkpoints to catch unlicensed drivers, the practice has become a big business that generates millions of dollars for the city and towing companies.

The money comes from unlicensed drivers whose vehicles are seized, forcing them to pay a minimum 30-day storage fee that can cost $1,200 or more.

Civil rights attorneys say that's excessive and are challenging the city's practice in federal court. A hearing is set for Aug. 18 and may go to trial in October.

"It's a huge revenue-maker for the city and the towing companies and that's what's driving them," said Cynthia Anderson-Barker, an attorney involved in the lawsuit. "It's outrageous what's going on in the city."

On average, the checkpoints are conducted twice a month in what police officials say is an effort to crack down on drunken, unlicensed and uninsured drivers and to reduce hit-and-run accidents.

Unreasonable?

The checkpoints involve screening hundreds of drivers. From 2005 to July 2008, the city impounded more 1,600 vehicles at its checkpoints, a majority of them from unlicensed drivers.

That figure does not include vehicles that may have been impounded during random traffic stops.

Besides generating revenue, the checkpoints also are generating controversy.

Immigrant rights activists say the practice unfairly targets illegal immigrants, who are ineligible for state driver's licenses. The activists and attorneys say the checkpoints are more about generating money for the city than public safety.

The federal lawsuit, filed March 2007 in a U.S. District Court in Los Angeles, names Gov. Arnold Schwarzenegger, Riverside and Los Angeles counties and the cities of Escondido, Maywood and Los Angeles as defendants.

It cites an earlier case by the 9th Circuit U.S. Court of Appeals, which ruled that towing a vehicle merely because a driver is unlicensed is an unreasonable seizure absent a showing that the vehicle poses a threat to public safety.

Michael McGuinness, Escondido's assistant city attorney, said Wednesday that the ruling was based on an Oregon statute and not the California law.

"Our position is that the case does not apply," McGuinness said.

Safety, not money

Escondido officials say the impound policy is a matter of public safety, not revenue.

"My goal is not to make money," said Escondido City Councilman Sam Abed during a telephone interview Thursday. "It's to get these unlicensed drivers off the street."

Abed and other city officials also say they hold vehicles for 30 days because that's what state law requires.

However, the councilman did take notice of the increasing revenue.

"Maybe we should explore if the city could have a storage yard ... and could generate some revenues for the city," Abed said at a September 2007 council meeting when the towing service contracts were renewed.

The councilman said last week that by having a city-owned storage yard, Escondido may be able to lower the storage fees for drivers whose cars are impounded.

The city contracts with four towing companies to haul and store impounded vehicles. Each company paid the city $37,500 a year for the contracts between 2004 and 2007.

In September 2007, the city more than doubled its contract fees. Each company had to pay $75,000 in 2007-08 and $100,000 in 2008-09.

The companies appear willing to pay because of the lucrative returns from the towing and storage charges. The companies that contract with the city are Al's Towing, A-Z Enterprises, Allied Gardens Towing and El Norte Towing.

Officials from two companies declined to comment on their contracts and two others did not return calls.

How it works

In the new contract, the city raised the towing fee that companies can charge from $120 to $150, and hiked the storage fee from $25 a day to $30 a day.

Other cities have similar fees, such as the $120 towing fee in San Marcos and the $44 storage fee in Oceanside. But no other city in North County appears to charge towing companies up front for the contract.

For example, Vista charges towing companies a $40 flat fee for every car towed under its agreement. And Oceanside charges the towing companies 20 percent of the storage fees incurred after the fifth day of storage.

No North County city appears to impound as many cars as Escondido, either, according to figures provided by officials in Escondido, Oceanside, Carlsbad and San Marcos.

The city conducted 40 checkpoints from 2005 to 2007 and seized 1,243 vehicles.

That number of seized vehicles has grown steadily from 2005, when the city impounded 292 vehicles, to 2007, when it impounded 643.

A majority of the vehicles impounded during checkpoints were due to people driving without a license. For example, the police impounded 61 vehicles during a checkpoint July 5 ---- 46 from unlicensed drivers.

So far this year, the city has conducted about a dozen checkpoints resulting in 416 vehicles towed, according to the Escondido Police Department.

The number of vehicles impounded by Escondido in recent years ---- 1,243 ---- is more than four times as many as other North County cities. From 2005-07, Oceanside conducted 13 checkpoints, leading to 296 seized vehicles. San Marcos conducted 12 checkpoints and seized 205 vehicles, according to records provided by those cities.

Revenue growth

On top of the towing and storage fees, people have to pay Escondido a $180 impound processing fee before they can recover their vehicles.

McGuinness, Escondido's assistant city attorney, said owners can request a hearing to get their cars back sooner than the state-mandated 30 days.

But attorneys for the lawsuit's plaintiffs said in court documents that about 40 percent of vehicle owners request a hearing, but only about 5 percent get their cars back before 30 days.

A request for a full accounting year by year of the total number of cars impounded by Escondido and an analysis of the value of the towing service contracts was not immediately available last week, city officials said.

That information may be available this week, McGuinness said.

But the revenues are in the millions and could grow even more.

Abed said during the council meeting in September that, based on discussions with the Police Department, the city's towing contracts generated about $3 million and could grow to $5 million, if the city adopts its new parking ordinance, which would restrict overnight parking on city streets.

"We could be talking about a $4 million to $5 million business," Abed said.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

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139 comment(s)[-]Go to Top

Greg in Oceanside wrote on Aug 10, 2008 8:28 PM:I am in absolute glee over these checkpoints because it causes great heartache for wanton violators.

Let's just hope Escondido and other cities keep these checkpoints as a tool to rid our streets of these violators.

And, even better, lets hope they catch criminals and illegal aliens while they're at it.

CADiver wrote on Aug 10, 2008 8:37 PM:Let's see, they are driving without a drivers license or insurance and the problem is? They should not be on the streets to start with, their cars should be confiscated, pure and simple and they should be thrown in jail. What about those who are victims of these uninsured drivers and drivers without licenses, what about those who are the victims of hit and runs. The illegals are unfairly targetted because they cannot have drivers licenses, they should not be here in the first place, they are already breaking the law on that point, in addition they are breaking the law driving without DL and insurance
It's becoming a habit to defend the criminals versus the victims when the criminals are illegals
Maybe we should prosecure the activists who defend and promote illegal immigration for aideing and abetting criminals and apply the laws

Larry wrote on Aug 10, 2008 8:42 PM:This is great! Finally an upside from the illegal alien drivers! Let's have more of these checkpoints all over the county.

Mike S. wrote on Aug 10, 2008 8:52 PM:Why stop there, CADriver? Why not throw in jail anyone who drives more than 5 miles per hour over the speed limit? Talking on a cellphone while driving could perhaps be made a capital offense!

Escondeeter wrote on Aug 10, 2008 8:55 PM:I don't know whether it's intentional or not, but Ed's mixing up tow company fees and city fees and claiming they're both revenue to the city. They're not. The towing and storage fees go to the tow company. So, let's be clear about something: when Sam makes reference to a three million dollars business, he's not talking about the city getting three million from the checkpoints.

It should also be noted that the franchise fee the tow companies pay the city means that they aren't paying the city a per vehicle fee or a percentage of their tow fees as they do in other cities. The bulk of their business with the city comes from towing vehicles disabled as a result of traffic accidents or mechanical failure and from towing abandoned vehicles. The contract covers all police related towing.

terry wrote on Aug 10, 2008 9:03 PM:thanks to epd.

Peoples Republic of California wrote on Aug 10, 2008 9:17 PM:Great job Escondido. Criminal rights attorneys, oh, cough, excuse me, civil rights attorneys are doing their best to degrade the quality of life for law abiding citizens. This is not too harsh, lawbreaking scum deserves higher penalties. They should be fortunate for even getting their vehicles back. Its not just about safety, its about JUSTICE FOR ALL. Criminal rights attorneys keep forgetting about that, then again, all they really care about is their own liberal agenda and their own pocket books. Get your drivers license, don't drive drunk....PROBLEM SOLVED!! The increasing revenue only shows how significant a problem we have on our streets with tax-evading unlicensed free-loading drunk drivers.

Juan J. wrote on Aug 10, 2008 9:23 PM:Mike S.: Your anologies are off-center and ridiculous.

AMIGO wrote on Aug 10, 2008 10:12 PM:CADiver you are right.And Mike is wrong.These people without license and insurance could ruin someone's life,due to there lawlessness.

escoman wrote on Aug 10, 2008 10:23 PM:Attorney Cynthia Anderson-Barker who said : "It's outrageous what's going on in the city" is absolutely correct.

The number of illegal aliens who live is Escondido, driving without a license and taxing social services to the breaking point, is certainly outrageous.

Glad To See It wrote on Aug 10, 2008 11:00 PM:As I see it, the only people complaining about these checkpoints are the scofflaws and their apologists and the legal whineyboys making money and recognition of their own off the plight of illegal aliens. This is no problem if you obey these reasonable laws which keep us all safer. Notice how liberals ALWAYS go to the courts to overturn the laws which the majority has called for.

Vader wrote on Aug 10, 2008 11:09 PM:To Escondeeter: Wow, the City must pay you quite the consulting fee to further their talking points. Keep up the fantastic work.

NativeE wrote on Aug 10, 2008 11:43 PM:Thanks for pointing out this Win/Win Ed! Let's see the city makes more money and they are getting unlicensed drivers off the street. What I'd truly like to see is them to sell the cars of these unlicensed drivers. It would only be a few hundred dollars each, but every dollar counts. Thanks EPD!

Ed you are always so biased wrote on Aug 10, 2008 11:50 PM:Protect the illegal alien and deem anyone countering their illegal activities as racists, profiteers etc.

Wrong is wrong!! If you don't have a license there are consequences. You lose your vehicle!!

Ed, come on!

Dont Worry wrote on Aug 11, 2008 1:04 AM:Dont Worry Edward. It's like talking to a brick wall. These people would only learn if they had to pay the legal costs that the city will surely be liable for.

Tit for tat wrote on Aug 11, 2008 1:13 AM:Illegal immigration is big business in lots of ways. Why the sudden outrage when some of the dirty money comes to the city? I don't have a problem with the city killing 2 birds with 1 stone. God knows this lawbreaking is costing the citizens in so many ways. There will be some pointed questions in upcoming political debates.

in favor wrote on Aug 11, 2008 5:01 AM:Keep up the checkpoints.

Also wrote on Aug 11, 2008 5:02 AM:I support the requirement of the Executive Order that contractors use E-Verify to check the employment eligibility of all persons hired for performing work on federal contracts. Illegal immigration is a tremendous problem in the United States, and this is a necessary tool to stop it.

The E-Verify system has already identified 200,000 individuals trying to gain work in the United States who were not legally entitled to employment. Removing the jobs that draw new illegal immigrants is a key component of our efforts to stop illegal immigration.

Moreover, this system is necessary to stem the growing problem of identity theft. Illegal immigrants are using increasingly sophisticated documents to work in the United States. This has made electronic verification of documents an essential element of protecting the identification of citizens.

In short, the E-Verify system is a necessary part of a larger strategy to stop illegal immigration and imposes minimal burdens on employers and employees.

Al wrote on Aug 11, 2008 5:22 AM:What part of LAW and ORDER do these ridiculous defense attorneys not understand?
No sympathy whatsoever for drivers who consciously get behind the wheel without a license or insurance then get caught in these checkpoints. Do the crime, pay the dime.
Conduct these checkpoints every week!

Billy wrote on Aug 11, 2008 5:46 AM:It took awhile for it to sink in. I read the following statement over and over thinking that I had missed something in my reading of it. This is word for word from the article above:
"Immigrant rights activists say the practice unfairly targets illegal immigrants, who are ineligible for state driver's licenses."
It is my contention that my country and I have been unfairly targeted by illegal immigrants for the purpose of taking my money and receiving benefits they are not entitled to. They drive drunk, without a license, and without insurance which is against the law. They are doing these things intentionally with many other things that classifies them as intentional criminals.
There is a simple answer for them - don't drive on your way out of Escondido on your way back to Mexico or where ever you came from.

NEO wrote on Aug 11, 2008 5:49 AM:This is a total violation of the 4th ammendment. I am suprised we are standing for this.

Think about it wrote on Aug 11, 2008 6:09 AM:Illegals are going to drive weather they have a license or not as you can see. Nor do they have insurance because they can't get a license. If they were allowed to get a license, make theirs bright pink or something different then legal citizens, then they would have to get insurance in order to drive and we the legal drivers wouldn't have to absorb the cost of non-licensed, non-insured illegals that are involved in accidents. It doesn't make sense to push the legal drivers by not letting these people get licenses. Think about it!

support wrote on Aug 11, 2008 6:17 AM:Get them off our streets.

Chuck wrote on Aug 11, 2008 6:28 AM:So are their speed traps. I saw one the other day driving up a hill. The donut eaters were sitting at the bottom of the hill scarfing up the old ladies who didnt use their brakes enough to counteract the gravity of the downhill. Have you ever seen a cop sit on a uphill, where he will nail the intentional speeder?? No, you havent and you never will. If it were about safety, they would sit on uphills, but its all about money, so they sit at the bottom of hills. In fact, maybe 20% of their actions are about safety, they rest is all about confiscation

Chuck wrote on Aug 11, 2008 6:32 AM:Since the cops are trying to keep the illegals off our roads, why won't the Attorney General, who is sworn to uphold the Constitution of California, keep them out of our voting booths? The answer is that it is his personal agenda to have as many illegals as possible vote. Gee, I wonder what party the AG is in?

ok but wrote on Aug 11, 2008 6:48 AM:Well, since the city is impounding cars that are illegally driven by illegals, where is the Border Patrol? Shouldn't they be there at the city sponsored check point looking for illegals too? Wouldn't that save the tax payer some money? Local Police have the authority to enforce the immigration laws, why aren't they doing it at the check points? I'm all for impounding cars of the illegals, but deporting them makes me happier and protects me more as a taxpayer.

Simple Solution wrote on Aug 11, 2008 6:50 AM:The simple solution to the 'problem' of the cities and counties making money off of impound fees is to make sure that you have a license and insurance in the first place. Simply complying with the law will avoid making the towing companies, cities and counties richer.

bogie wrote on Aug 11, 2008 6:53 AM:This article gave me a great idea. Since auto insurance rates are calculated by region using statistics compiled by actuaries, my rates should be lower than most cities/counties. It makes perfect sense that if more scofflaws cars are off the road my odds of being hit by one are reduced. I'm going to call my insurance company today. I will report back to this blog.

I wonder why reporter Edward Sifuentes didn't think of this.

Huh wrote on Aug 11, 2008 6:56 AM:Setting checkpoints for illegal behavior unfairly targets illegals? Only the 9th circuit court could support that view.

esteban wrote on Aug 11, 2008 6:59 AM:NCT, I can't believe you employ this Sifuentes guy. He does editorials, not fair and balanced news.

TANK wrote on Aug 11, 2008 7:12 AM:This is a win-win!.. NICE!

Scooter wrote on Aug 11, 2008 7:15 AM:To :Don't Worry": Well, you're close, but the "talking to a brick wall" is more accurately aimed at those who continue to support the illegal invasion. These checkpoints only remove the law breakers, for whatever law they are breaking at the time. The sad truth is that a large percentage of them broke the law when they came here, so they should not be surprised, nor should you.

Keep up the awesome work EPD!

Gaptooth tribal tattoo lady wrote on Aug 11, 2008 7:25 AM:How do the current council candidates stand on this checkpoint issue? I understand that Ed Gallo and Sam Abed support these checkpoints but that Olga Diaz opposes them. Is this true?

Yes but..... wrote on Aug 11, 2008 7:31 AM:After the 30 day impound towing companies are releasing the vechiles to drivers with valid drivers license. The ones hold the registration are not required to show valid drivers license. Hence you have impounded vechiles being driven off the lot and then given to the driver without a valid drivers license to be on the road again. This has to be resolved.

Honest citizen wrote on Aug 11, 2008 7:33 AM:Thank you Escondido P.D. for protecting the law abiding citizens. These people break the law then they whine and cry when they get caught. This female attorney sounds like a joke

Warped Reality wrote on Aug 11, 2008 7:36 AM:"Immigrant rights activists say the practice unfairly targets illegal immigrants, who are ineligible for state driver's licenses"

Huh?

I think this says it all.

Does anyone else see the warped logic here?

Concerned wrote on Aug 11, 2008 7:43 AM:I have personally seen the problems involving illegal alien drivers: DUI, hit and run collisions, fatality collisions, property damage only collisions. The numbers are staggering for a city Escondido's size. I try not to drive in Escondido unless I must and then I avoid certain neighborhoods. NCT I challenge you to write an article on the impact of illegal immigration in Escondido. Talk to both sides and make it a balanced article. The statistics are there, go get em'.

We all know there wrote on Aug 11, 2008 7:43 AM:are illegal aliens driving on our streets without a drivers license and insurance, until these criminals are apprehanded we must all do our part in making sure these checkpoints work. We need ICE to be there, evrybody is trying to be PC and say no we aren't profiling but it is common knowlegde that we have crimes being commited by illegals including the crime of driving without a valid license or insurance. We pay taxes so we maybe protected from criminals, the City of Escondido in order to protect it's citizens needs to bring in ICE. If the City fails to bring in ICE, then I am afraid we as citizens of Escondido are going to be paying law suit after law suit defending the City's position in not asking for ICE assistance.

CR wrote on Aug 11, 2008 7:47 AM:I hope the city raises the fees further, so that most of these unlicensed, uninsured "drivers" of these unregistered cars will NEVER get their vehicles back. If it is generating that much money, it must really be working! Keep it up, and use some of the extra money to hire more officers and conduct more stops.

januaryM wrote on Aug 11, 2008 8:03 AM:If you drive in Ca you have to have a valid drivers license.Current vehicle registration and proof of insurance.If you have these when you are stopped by police in any city you are legal.If you dont you are driving illegally.It has nothing to do with specific races being singled out or rights being abused.Excessive fees are due when you break the law.
What about the rights of those being killed or injured in accidents by unlicensed drivers?Their lives are changed forever.$1200 is nothing compared to the loss of a loved one.An injury can cost the legal driver his health,job and ruin forever his quality of life.All because of someone driving illegally.If I have to pay for a license,tags,registration and insurance to drive.Everyone should.Or dont drive its a privilage and should not be abused.If you want to keep that car make sure you are driving it legally.You break the law you loose....its all so simple.Dont forget to buckle up!Thank you EPD ,you are the only thing between me and the bad guy.
GO EPD !

The Wizard of Oz wrote on Aug 11, 2008 8:04 AM:And after they get their car impounded, and a misd citation, they are deported to Mexico. Soooo in the time it takes for them to come back the will have a warrant in the system......B-E-A-U-T-I-F-U-L....MORE CHECKPOINTS!!!!!

Unfair Fees wrote on Aug 11, 2008 8:07 AM:These fees are completely unfair and wrong. The checkpoints are aimed at trapping undocumented immigrants- period. Our tax dollars should be used to build more parks, improve nature, and bring people together; not generate funds for a police-state-city. Shame on you all-

Bubbles wrote on Aug 11, 2008 8:16 AM:From the article.

Abed said during the council meeting in September that, based on discussions with the Police Department, the city's towing contracts generated about $3 million and could grow to $5 million, if the city adopts its new parking ordinance, which would restrict overnight parking on city streets.

"We could be talking about a $4 million to $5 million business," Abed said.

How can anybody be against the parking ordinance if it provides for the resident and his guests to park in front of the resident's residence and the overcrowded skels from down the street and around the corner to be ticketed if they attempt to park in front of someone else's residence. I just love it. There is hope for Escondido yet.

I LOVE the checkpoints wrote on Aug 11, 2008 8:20 AM:and wish they had them EVERY DAY!!!!

To the sheep above... wrote on Aug 11, 2008 8:26 AM:"I LOVE the checkpoints and wish they had them EVERY DAY!!!!"

You are joking right? If not, take your police state mentality to some other country that harbors such blatant intrusions into your privacy. You would have loved East Germany!

checkpoints should include wrote on Aug 11, 2008 8:36 AM:a one way ticket to Mexico City

Deatris wrote on Aug 11, 2008 8:52 AM:The only problem that I have with this is the towing companies making money hand over fist. They are the biggest crooks out there. I was recently in a accident and had to have my vehicle towed to El Norte tow yard. I had the vehicle removed from their yard not more than a half hour later. They not only charged me a $75 towing fee for towing 2 miles but they stuck me with a $300 storage fee.
$300 storage fee for having the vehicle on their lot for a half hour. What a bunch of crap.

januaryM wrote on Aug 11, 2008 8:54 AM:The City has been charged $50 thousand tax payer dollars for a study of the "parking problem" the results are...
Escondido has NO parking problem! STOP wasting tax payer dollars with City Council re elections games.
If Gallo & Abed had achievements of merit to run their re elections on they wouldnt have to play these idiotic games with the voters.Lumping over night parking with driver license check points towing in one article is like comparing rotten apples to freshly picked oranges.
Clean house NOV.2008 throw out a bed and a jug of gallo.

Lets see wrote on Aug 11, 2008 8:55 AM:don't arrest illegals, don't arrest illegal drug smokers, don't cite folks for no license or insurance. What's next, don't prosecute robbers or shop lifters if it is for feeding their families. Don't arrest murders if they are pursueing money for themsleves or families. Don't prosecute kidnappers as long as the ransom goes to a good cause. Wow this sounds like the country on our Southern border. Who says they haven't taken over.

Bo wrote on Aug 11, 2008 8:57 AM:Can money from the sales of cars seized from illegal immigrants be used to recover the Government's deportation expenses?

To those that say wrote on Aug 11, 2008 9:02 AM:it is profiling, you don't go to the City park to catch shop lifters. You go to the stores to catch shop lifters, where do you want the police officers to conduct DUI and unlicensed check points? Seaworld?

This Money wrote on Aug 11, 2008 9:02 AM:should fund the police requirements at special events. This is "extra" money and should be used toward the public enjoyment. We are the ones that have to put up with these law breakers hitting our cars with no insurance etc.

Why only xmonth wrote on Aug 11, 2008 9:07 AM:This is a great idea, and EPD should be doing it twice a week, not just twice a month!

HowAboutCosts wrote on Aug 11, 2008 9:11 AM:Nowhere in the story is there any mention about the cost of operating a tow service. Not only is Eddie falsely conflating payments to the tow company with payments to the city, he's falsely implying that the payments represent pure profit. Tow Companies have labor costs, equipment costs, maintenance costs, insurance costs, property rental or mortgage costs, and licensing costs to mention a few. Then there's the problem of write-offs... people with five hundred buck cars bought on a street corner who just walk away and leave the tow company stuck with the costs of disposing of the car. Bottom line: nobody's getting rich here, but I suppose explaining that simple truth wouldn't fit Eddie's agenda.

Older citizen wrote on Aug 11, 2008 9:17 AM:The Founding Fathers of this country would launch a full rebellion if they were here today. Checkpoints are a direct violation of this state's constitution.

Nothing justifies government breaking the law. Cops and politicians prate about the necessity of checkpoints, warrantless arrests, more and more laws, etc.

In truth, the states are feeling the effect of this country's economic debacle, and politicians always need money to buy votes with government programs. Look for more taxes, more checkpoints, more onerous and unnecessary laws--anything to squeeze money from the sheeple.

Wrong is Wrong... wrote on Aug 11, 2008 9:28 AM:Someone said wrong is wrong, but just as Older Citizen says, checkpoints are wrong. So many are blind to the direction this takes our society, a direction that in the end will come back to bite us all. Nothing wrong with holding everyone responsible for breaking the law, but the way we do it in the US is what makes us different from the rest.

Compansate crash victims wrote on Aug 11, 2008 9:30 AM:Here is a thought, take some of the money and give it the victims of crashes involving the unlicensed drivers. Did you wonder why the bleeding heart lawyers don't tell you the costs attributed to unlicensed drivers involved in accidents.

First Grader wrote on Aug 11, 2008 9:33 AM:More unlicensed drivers x More checkpoints = More cars towed. This is not difficult people. Please show me in the constitution where it says - thou shall not have a safety checkpoint to determine if everyone has a license.

I agree the Founding Fathers are upset, but it's because we are allowing millions of illegal immigrants into our country. Many great civilizations have fallen due to influx of people who refuse to assimilate and learn the language, culture and history of a people.

jvc wrote on Aug 11, 2008 9:44 AM:What is this story saying? Is it saying
that our public institutions are scaming the public?

to januaryM wrote on Aug 11, 2008 9:48 AM:You would feel differently about the need for the overnight parking ordinance if your residence was impacted by numerous vehicles parking in front of your house, that come from overcrowded houses and apartments, forcing you and your guests to search far and wide for parking. Address specific parking permits meet a need and are fair to everyone. Keep up the excellent work Sam, Ed, Marie, and Dick.

Money for a Good Use wrote on Aug 11, 2008 9:50 AM:Maybe the city should operate its own towing and storage yard. Some of the profits could be used to compensate victims of accidents by the non-insured, at least the deductibles, for residents of Escondido. I know many non-Latinos who have been snagged at a checkpoint and had their car impounded. It forced one twenty-something to pay outstanding tickets, the towing, storage and fees. His parents were unaware of the tickets in the first place! It made him more responsible, his parents more involved and he realized driving is a priviledge that can be revoked when abused. Good came of it, life lessons learned and if the city made money on it, all benefited. No one wants unlicensed or suspended license drivers on the road, no matter what ethnicity, color, creed, religion or sex they are. Keep up the great work EPD, it makes it safer to drive in the city for those of us who follow the laws and rules of the road. Those with nothing to hide, hide nothing.

To Older Citizen wrote on Aug 11, 2008 9:51 AM:Checkpoints have already gone thru the court system, so sorry, your statement is incorrect, the courts have ruled they aren't against this State Constitution or any other Constitution. Bt the way there also isn't anything in any Constitution that says "Everyone has the right to drive without a license."

JanuaryM wrote on Aug 11, 2008 9:55 AM:I support these checkpoints and councilmen Abed and Gallo. They deserve to be re-elected for there work in this area.

geez wrote on Aug 11, 2008 9:56 AM:Ha ha, it is obvious the Older Citizen and Wrong is wrong are the same person. If your arguments can't stand on their own merits, don't submit them. And you are right, wrong is wrong, and crossing the border illegally is wrong.

The facts wrote on Aug 11, 2008 10:01 AM:The fact it, checkpoints are not illegal in this country, but a way to get scofflaws off the road, whether it be for drunken driving, driving without a license and/or current registration or operating an unsafe vehicle. All of these are illegal and tickets and/or car impounding are the proper result. I don't care if you are legal or illegal, if you can't do the time, don't do the crime.

ModernRock wrote on Aug 11, 2008 10:22 AM:I agree Older Citizen. These checkpoints are a violation of our 5th amendment rights. Illegal Search and Seizures.

DrivingForDummies wrote on Aug 11, 2008 10:24 AM:Remember how back in Driver's Ed, they told us "Driving is a privilege, not a right"? And the authorization for that privilege is demonstrated by possessing and maintaining a driver's license. So, is it not reasonable to assume that those who are driving on the road possess a valid license? Therefore, it is not unreasonable to ask those undertaking that privilege to periodically and randomly supply the requisite proof. Not a violation of the 4th Amendment, only a good sound use of police resources. I am 100% in favor of these checkpoints -- but then again, I have a valid license, registration and insurance, and I'm not in this country illegally. Go figure.

ModernRock wrote on Aug 11, 2008 10:26 AM:Oops, I meant 4th amendment. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Josh wrote on Aug 11, 2008 10:38 AM:This article is the most subjective article I have read in your paper. Not only is it extremely sided twords the illegal immigrants, it is also factually incorrect. All you talk about is revenue and not the cost associated with these checkpoints. You also fail to mention that the towing and storage fees charged by Escondido ($150 towing and $30 per day storage) are the lowest in any North County San Diego City. The problem here is not the City or the Towing companies. It is the illegal immigrants. I have lived here in Escondido for 5 years and twice I have been hit by illegal immigrants who simple did not have a license or insurance. It was me and my insurance company who lost money. If they get there cars impounded, so be it. They shouldn't have been on the road in the first place. If you break the laws of this country there are consequences for your actions. Go Escondido Police.

To ModerRock wrote on Aug 11, 2008 10:43 AM:The 4th Amendment standard is "unreasonable searches and seizures." There is nothing unreasonable about requiring people who are driving on the roads to produce a license. Therefore, if those driver's are found to be not in possession of a valid license, it is not unreasonable to seize their vehicles. Your 4th Amendment argument breaks down unless you assume that everyone has the constitutional right to drive an automobile. Last time I checked, that wasn't in the Constitution.

jvc wrote on Aug 11, 2008 10:52 AM:Plus a violation of free passage!

To OlderCitizen wrote on Aug 11, 2008 10:56 AM:"The Founding Fathers of this country would launch a full rebellion if they were here today," you write.

If the Founding Fathers were here today, they would probably say "What's a driver's license?"

Nick wrote on Aug 11, 2008 11:04 AM:So tell us scholarly Constitutionalist "ModernRock", where does the 4th Amendment speak to your vehicle?
Notice the part that says "unreasonable search and seizures" ?
When you are stopped and in violation of the law, it is now "reasonable".
I love the fact that unlicensed, uninsured, unregistered and drunk drivers are removed from our roads.
What is it you are so afraid of?

Jim wrote on Aug 11, 2008 11:12 AM:Warped Reality, I quoted that same line and wrote how wrong it is to let illegals drive and be in this country, but naturally the criminal loving pro-illegal alien NCT would not print it.

Older citizen wrote "The Founding Fathers of this country would launch a full rebellion if they were here today." I agree, the way the illegal aliens sneak into this country and take anything and everything that is not theirs is disgusting.
They are rolling in their grave at our presidents who are bought off by the Skull and Bones and the other elitists to be little puppets at their beck and call. Not protected the USA from this illegal invasion. They would have never let this happen. There would have been a full on rebellion.

Keep up the lawful checkpoints and catch as many criminals as possible. I am in full support.

Escondido surfer wrote on Aug 11, 2008 11:16 AM:I love the checkpoints but find this article to be a real eye opener. Impounding a car for 30 days is outrageous once problems are solved and enriching private towing companies is bad as well. These private storage yards are criminal enterprises enabled by the City. The city should make sure that everyone caught up in this process is treated fairly and equitably. Heavy handed tactics will come back and bite those involved eventually.

Shame on you.... wrote on Aug 11, 2008 11:29 AM:Mr. Sifuentes, your bias is showing! Your "article" should have been placed on the editorial page.

Floyd wrote on Aug 11, 2008 11:48 AM:Since the purpose of the checkpoints is "safety" and not "revenue", let's put a cap on the total cost of towing, storage, and other miscellaneous fees at $25.00. And when they say it's "not enough" (for whatever reason), then you know it's for "revenue" and not "safety".

Chuy wrote on Aug 11, 2008 12:22 PM:Can the title of this story be any more biased?

Yolie wrote on Aug 11, 2008 12:29 PM:Those who believe this type of law enforcement will catch illegal immigrants or remove dangerous drivers and/or unsafe vehicles from public streets are sadly mistaken. The issues that force unlicensed drivers onto the streets are more economical, emergency medical or financial hardships and do not necessarily mean these people are dangerous or illegal. City revenues are so dependent on monies collected by this type of "law enforcement" or it wouldn't be so prevalent and out of control, and it is out of control. If you want to control illegal, unlicensed drivers then take them off the road don't confiscate their paid for, registered and insured vehicles by impounding them for a minimum of 30 days under the guise of safety law enforcement. There is a great financial hardship placed on families who are forced to pay these exhorbitant impound fees. This is sometimes a decision between feeding your family, paying the rent on time, buying needed clothing, medical expenses, employment transportation etc. etc. because in this time of economic instability these hardships are real. The reasons for being unlicensed at that moment these drivers are stopped are more than likely financially connected issues than rather than illegal ones so why are we allowing the nose to be cut off to spite the face. I agree that the penalty does not fit the crime.

To Older Citizen wrote on Aug 11, 2008 12:34 PM:if our founding fathers were here, they would be asking what are citizens of other countries doing in America?

ModernRock wrote on Aug 11, 2008 12:34 PM:It is true that the Supreme Court has also held that individuals in automobiles have a reduced expectation of privacy, because vehicles generally do not serve as residences etc... However, vehicles may not be randomly stopped and searched; there must be probable cause or reasonable suspicion of criminal activity.

And if I'm driving down the street minding my own business, police officers DO NOT have the right to pull me over without probable cause or reasonable suspicion. Therefore, checkpoints are illegal!

For the record; I'm against DUI's, and illegal immigration. But I'm also against illegal search and seizures.

How about using wrote on Aug 11, 2008 12:36 PM:the extra money to make sure our hospitals don't disappear!

januaryM wrote on Aug 11, 2008 12:44 PM:JanuaryM
[-] wrote on Aug 11, 2008 9:55 AM:I support these checkpoints and councilmen Abed and Gallo. They deserve to be re-elected for there work in this area.
__________
The above post was not done by me.
I NEVER have supported Abed or Gallo and never will. Ive been hit by an illegal with no license no insurance and I bare the results of it all.As a tax payer with a home I carry the mismanagement of tax payer dollars by this council also.I had a loved one murdered by a cop.Do I blame every cop? NO.One bad cop doesnt represent them all.Wrong is wrong and right is right.
Its very telling when adults running for re election twist the truth about what they are doing in this city.
The council needs to leave drivers license checks to the police.They are doing a fine job unlike our city council.
Please VOTE NOV.2008 throw out a bed & a jug of gallo.

januaryM wrote on Aug 11, 2008 12:47 PM:TO Yolie
That is why we have public transportation.

Bill wrote on Aug 11, 2008 12:54 PM:This isn't going to get rid of anyone.

I do believe that if these people don't like this situation, they should get in their car and head on out of the area! Maybe we could talk them into taking one of these civil rights attorneys with them.

As far as targeting illegals, I can't go to any intersection in this town and not see at least one...and I'm not targeting anything!!

It's a shame that our authorities aren't doing something more about this. Saying it's a federal problem is a cop out. Reminds me of the welfare families...Why should I do anything when I can get paid by you tax payers!!

to how about using.. wrote on Aug 11, 2008 1:02 PM:our hospitals would stop disappearing if we (as a country) would stop providing medical care and treatment to illegals and uninsured. I am low income and come from 3 generations of low income and manage to pay my medical insurance and every other bill we have each month. The monies generated from these checkpoints go where it should, to the people (police, tow companies, lien companies, collection agencies, ect) spending the countless hours stopping, processing, towing, recording, liening, disposing and releasing these impounded vehicles!

Bill wrote on Aug 11, 2008 1:02 PM:These people know they are breaking the law, just by being in this country and when the cops drive by them daily, while they wait for someone to hire them to work, they think...these cops aren't going to even stop and talk to me, so why not go out and break a few more laws??

We are getting what we are asking for.

Back over 200 years ago, when the citizens of this country didn't like the way the government was doing things, they did a whole lot more than yap about it in a newspaper!

It may be that time again!

CR wrote on Aug 11, 2008 1:07 PM:To ModernRock:

If those vehicles have expired registrations, there is EVERY probable cause to stop them and check for driver's license, insurance, and registation. The police need to stop more, not just at checkpoints--I see MANY expired tags in Escondido every day.

januaryM wrote on Aug 11, 2008 1:12 PM:To Bill-
"Saying it's a federal problem is a cop out."

Its not a cop out.Its the LAW.
If this council had Federal powers.They would have us gagged until they had manipulated the voters into voting for them again. Wake up Bill and smell the rotten apples.
Vote NOV.2008 throw out a bed & a jug of gallo!

To Bill wrote on Aug 11, 2008 1:16 PM:You said "As far as targeting illegals, I can't go to any intersection in this town and not see at least one...and I'm not targeting anything!!" Don't you get it? You just racially profiled! I'm sure you didn't stop your car and ask to see proof of citizenship, you saw a brown person and made the conclusion "illegal". I'm in favor of the checkpoints but people like you prove the arguement of the opposition.

John wrote on Aug 11, 2008 1:34 PM:Negative reinforcement.

Bruce wrote on Aug 11, 2008 1:46 PM:I for one, hope to see more of this. As a matter of fact I wish we could do this every day of the week. Yes this is a revenue generator, and "SO WHAT?". This will definitely keep the likelihood of an unlicensed and uninsured motorist from being involved in an accident. I think this practice should be nationwide. Go Escondido

Chet wrote on Aug 11, 2008 2:17 PM:The police seem to have a ton of free time on their hands lately, as they don't appear to have to spend too much time worrying about real crimes. Instead, they have a bunch of free time to devote to trivialities.

Perhaps police layoffs are in order, and the state budget can be trimmed this way.

Chet wrote on Aug 11, 2008 2:27 PM:Check poists are very wrong. Yes, maybe the courts said they don't violate the constitution, but that doesn't mean they are OK. The constitution for centuries specifically stated that holding slaves was OK and you had to return fugitive slaves to their owners. Simply because the courts ruled they are permissible does not make it right.

It is un-American to punish the innocent simply to catch the guilty. (Anytime some innocent is delayed and questioned for no good reason at a checkpoint is a wrongful punishment).

Question for NCT wrote on Aug 11, 2008 2:38 PM:Is EDWARD SIFUENTES the only one who represents NCT on Immigartion issues? Did you know that right now Nancy Pelosi is trying to pass the fairness docterine? How does NCT declare itself, fair and balanced?

Our Founding Fathers..... wrote on Aug 11, 2008 2:50 PM:Would not have asked what are these people doing in our country, they would have encouraged it and did so. At the time of our independence the majority of people living in America spoke German as their primary language, look it up. Floyd makes a great point, if this is not about revenue then lower the fees. But frankly that can't happen because Sam and Ed have used the revenue to help balance the city budget.

TO ModernRock wrote on Aug 11, 2008 3:02 PM:You have a very weak and Straw man argument dude! You'd lose your a#$ in court. The appellate court has alread ruled that checkpoints are legal so long as certain criteria are met. Checkpoints must be done for safety purposes (I.E. DUI, CDL checks) and the public is properly notified before the checkpoint occurs. Case Law has been set..NEXT

dmn wrote on Aug 11, 2008 3:16 PM:Since my original comment wasn't posted, I wonder if it was because I suggested certain people do their research prior to printing or it could have been my questioning Cynthia Anderson-Barker if the case she has taken on is Pro-Bono? I will just say that I am happy to see the story was a positive and made people aware of what was really going on!

el camino wrote on Aug 11, 2008 3:17 PM:my wife got hit by an unlicensed driver totaled the car insurance company did not pay the full amount of the car the gap also did not pay the full amount i had to pay 4000 out of my pocket my wife knee damage for life our insurance raised the rates and 4 years later the insurance company finaly payed all the bills our credit is shot keep the check points

el camino wrote on Aug 11, 2008 3:24 PM:to bill just to let you know my friend works for a towing company and i will like to let you know that out of all the people they stop and impound there cars about 70% are hipanic and the rest are white pink blue orange yellow and what ever color you can think of get over it

OCEANSIDIAN wrote on Aug 11, 2008 3:39 PM:I read once that the OPD estimates that there are over 10,000 unlicensed drivers driving around in Oceanside alone!

januaryM wrote on Aug 11, 2008 4:00 PM:TO:
Our Founding Fathers.....
[-] wrote on Aug 11, 2008 2:50 PM
Sam and Ed have used the revenue to help balance the city budget.
___________________________
Wake up smell the rotten apples! We dont have a balanced budget in Escondido.What we have here is a $9MILLION DOLLAR DEFICIT.Thats a MINUS
not a balanced budget.WE OWE because this council mismanages YOUR tax dollars.
Please VOTE NOV.2008 throw out a bed & a jug of gallo.Begin the BIG Escondido clean up by starting at City Hall.
Who wants to clean house?

To JanuaryM wrote on Aug 11, 2008 4:10 PM:touche', balanced budget was a poor choice of words. I don't know the accounting term for covering expenses in a deficit.

citizen x wrote on Aug 11, 2008 4:12 PM:I agree with taking unlicensed drivers off the streets, but why the exorbitant fees, You all know it's about the MONEY, just like photo radar is about slowing speeders, yeah thats what the cities are concerned about. get real, it's the MONEY.

Seen it all wrote on Aug 11, 2008 4:45 PM:A LOT of DUI drivers are also on the street. I've known several alcoholics who've had multiple DUIs and are currently driving drunk all the time.

Its not just about illegals.

januaryM wrote on Aug 11, 2008 4:54 PM:To JanuaryM
[-] wrote on Aug 11, 2008 4:10 PM:touche', balanced budget was a poor choice of words. I don't know the accounting term for covering expenses in a deficit.
_________________

I dont know the accounting term either but I know the words decifit,unbalanced budget,minus,debt ,mismanagement, broke and bancrupt. The last one sounds like Escondido's financial future.Make sure you learn these at City Hall.A Bed seems to think the City is prospering.He even said so right here in this newspaper.Imagaine that.He wants to be re elected and he doesnt know the city isnt prospering...its so broke its in the hole - $9MILLION.
Smells rotten here.VOTE NOV 2008 throw out a bed & a jug of gallo. Who wants a clean house?

something wrong wrote on Aug 11, 2008 5:53 PM:There is certainly something wrong with these checkpoints!! There should be a portable car crusher at each and every checkpoint.

Happy Resident wrote on Aug 11, 2008 6:01 PM:Thank you Escondido Police Department for having these check points.

Wendy wrote on Aug 11, 2008 7:33 PM:Um, HELLLLLLLOOOOO! If you are a law abiding citizen then you have nothing to worry about! I have been hit twice in Escondido both times by unlicensed, uninsured drivers. Get them off the road! Good job EPD. Why does the NCTimes hate the police department so much? I say have a check point every day, let the cops stand there and have the criminals come right to them!

Mike wrote on Aug 11, 2008 7:44 PM:Let's see... get law-breakers off the streets and make money for the city in the process. I'm sorry, I'm missing what the problem is.

Inland wrote on Aug 11, 2008 8:30 PM:Has anybody looked up the definition of illegal.... no matter what your color or nationality is, YOU break the law YOU pay the consequences. It's always been that way and why is it an issue now???

Jaycee wrote on Aug 11, 2008 8:35 PM:Let's have them everywhere. If you are a law abiding citizen, you get a license and insurance.
Then you get hit by a hit and run driver. Your insurance won't pay, because he didn't stop. They say,
we don't know if he was uninsured!! Duh! So you are paying your premium for nothing.
It happened to my son. He did what he was supposed to do. Some guy with no plates, ran a red light, hit him, and took off.
It's getting too ridiculous to live in California. There is a severe lack of common sense here.
Put a check point on every corner. I am sick of people who don't obey the law getting one over on those who do.

Red Dawn wrote on Aug 11, 2008 8:55 PM:Hope the illegals are enjoying their time here now, when the Russians arrive here they won't be quite as liberal as our leaders are now.

Claudette wrote on Aug 11, 2008 9:51 PM:I always tell my young granddaughters that they must be accountable for their behavior. Tammy Bridges', an adult, has paid a significant price due to her lack of responsibility. Welcome to the real world Tammy. Take care of business or suffer the consequences of your juvenile behavior.

Yolie wrote on Aug 11, 2008 10:43 PM:The only sentence in the article that remotely refers to illegal immigrants are the following 10 words: "Immigrant rights activists say the practice unfairly targets illegal immigrants", and at no time does the article mention "uninsured motorists" as being the checkpoints target. Cars are being impounded for a minimum of 30 days, regardless, whether the vehicle is registered and/or insured. Unlicensed drivers are the targets, whose only crime is that they do not have a valid drivers license in their possession when they go through the checkpoint. We are not talking DUI's, Uninsured or No Registration. Thats the problem when you have a society of people who have a one-track mind and cannot seem to think outside the box. The perpetual pursuit of the almighty dollar, being openly and aggressively pursued by statewide city government officials is what the article was written about. How do you justify blaming illegal immigrants for that ball game? Or does anyone even care?

Constituents wrote on Aug 11, 2008 11:09 PM:Will the Sam & Ed Fan Club continue to rally around them, if the city loses the lawsuit?

If the courts determine that these checkpoints are unconstitutional, will these "constituents" accept the ruling of the court?

If the city goes down in flames (as they did with the Rental Ban), will these people continue to "love" Abed & Gallo?

Just curious?

Or will these people, piss and moan about the outcome? Will these constituents still believe themselves to be "all-knowing" and "righteous"?

Just curious?

Personally, I am opposed to unreasonable "search & seizure" and therefore adjust my life to avoid these checkpoints...I shop in San Marcos. OMG...I have admitted that I oppose the checkpoints...time for "the Usual Suspects" to accuse me of being a criminal or an illegal or crazy or stupid or something. Wow. I'm glad I'm not so obsessed with everyone else's preferences. Thank the Lord!!!

Yolie wrote on Aug 12, 2008 1:34 AM:To JanuaryM
Obviously you have never had to depend on public transportation for promptness and/or reliability, nor for travel to work on a graveyard shift, 10pm to 6am, or in some areas even a swingshift job, 2pm to 10pm, and lets not forget the employers who have 3 shifts that work 24hrs a day, 7 days a week. Ever try getting to work on a Sunday morning using Public Transportation? How about starting at 6pm and getting off at 2:30am? Believe it or not real people work these hours and reliable, safe transportation is high priority to stay employed and not homeless.

Yolie wrote on Aug 12, 2008 2:02 AM:Just "how many" illegal, unlicensed drivers has Escondido apprehended using these "checkpoints" in 2007? How about 2008? Were these unlicensed illegals,if apprehended, turned over to Homeland Security Border Patrol? Or merely cited and had their vehicle confiscated and impounded?

To To Bill wrote on Aug 12, 2008 6:37 AM:No, I see very well, but you my friend have your head buried. I won't try to guess were though.

When I see green grass, I've come to learn that it's green grass. I don't call my dog kitty, because I've come to know the difference. After you've been around things for long enough, you come to KNOW what it is you are looking at are talking to.

But for enablers like you, why doesn't the government give us all resident cards and then the cops can ask everyone for theirs?

Would that make you happy...?

flbkson wrote on Aug 12, 2008 7:55 AM:after a recent lunch in historic Escondido in a very upscale resturant. I came out to a parking ticket, 10 min over the two hour limit. had to pay way to much money to the city. no longer buy anything or stop in Escondido, only empty my ashtray on the streets while driving through the historic beautiful Grand experience.

Senior citizen wrote on Aug 12, 2008 9:22 AM:Kudos to Escondido for enforcing the laws. What a concept! If you don't break the law then you don't have to worry about it. Maybe now lawbreakers will think about the penalties for their actions.

anotherview wrote on Aug 12, 2008 9:53 AM:Perhaps if other cities copied the traffic checkpoint program that the City of Escondido applies, then the authorities would remove more unlicensed and scofflaw drivers from the roads, to the improvement of roadway safety for us all. Respect for the vehicle code may result from this enforcement. We do still live in a nation of laws.

To Flbkson wrote on Aug 12, 2008 10:20 AM:If you find a city that doesn't cite you on an expired meter, please let us know!

januaryM wrote on Aug 12, 2008 11:02 AM:Yolie
[-] wrote on Aug 12, 2008 1:34 AM:To JanuaryM
Obviously you have never had to depend on public transportation .
-------------------------------
WRONG ANSWER YOLIE
Life isnt fair.YOU have to make the proper adjustments to your life and abide by the LAW.Period.
A bus or taxi is cheaper than towing impound/court costs/fines or the loss of a vehicle.If you cant afford the license/registration/insurance than YOU cannot drive here legally.Period.
So dont whine, go get a second job.Or dont buy that alcohol /drug.Imagine what you could afford then.
42 years of driving and Ive never had a ticket.Why? Because I obey the laws.I pay more on my insurance to cover others that have no insurance. So my life is affected everyday by p