REGION: Judge dismisses suit challenging 30-day impound law

Attorneys for plaintiffs say they plan to appeal decision

By EDWARD SIFUENTES - Staff Writer | Friday, September 12, 2008 6:10 PM PDT

A judge ruled this week that a state law allowing cities to impound cars operated by unlicensed drivers was constitutional. Al's Towing owns one of the storage yards in Escondido. (Photo by Don Boomer - staff photographer)

A federal judge this week dismissed a lawsuit challenging a state law that allows cities to impound cars for up to 30 days when people are caught driving without a license.

U.S. District Court Judge S. James Otero said in his ruling Monday that taking a vehicle temporarily is within the spirit of the law and is necessary to protect the health and safety of "Californians from the harm of unlicensed drivers."

"The concern for the public interest here requires prompt action," Otero wrote.

Immigrant rights activists have criticized strict enforcement of the law because they say it unfairly targets illegal immigrants, who are ineligible for driver's licenses and are forced to drive illegally to work, to visit doctors, and on other necessary trips.

Supporters of the law say it reduces the number of traffic accidents by cracking down on unlicensed drivers.

Civil rights attorneys filed the lawsuit in March 2007 on behalf of about 20 plaintiffs, including two people whose cars were impounded by Escondido police, and named Gov. Arnold Schwarzenegger, Riverside and Los Angeles counties and the cities of Riverside, Escondido, Maywood and Los Angeles as defendants.

The plaintiffs argued that the state's mandatory 30-day impound law was unconstitutional because it constituted an unreasonable seizure. The court disagreed.

Michael McGuinness, Escondido's assistant city attorney, said the city was pleased with the judge's decision.

"We agree with the court's decision that the plaintiffs did not have a case, and the court correctly found that California law allows impounding of cars," McGuinness said Friday.

Cynthia Anderson-Barker, one of the attorneys for the plaintiffs, said the judge issued a narrow ruling by saying that the cities were following the state law, but he avoided addressing whether the law was constitutional. She said the plaintiffs would appeal the decision.

"Why did he do this?" Anderson-Barker asked. "I hate to speculate. Maybe he wanted the 9th Circuit (Court of Appeals) to rule on it rather than him."

Critics of the impound law said they were disappointed with the ruling.

"Just because it's legal doesn't make it right," said Bill Flores, a spokesman of El Grupo, a North County-based umbrella organization of civil rights groups.

Flores said he and his group may seek help from legislators to change the law.

Escondido was singled out in the lawsuit because it is one of the cities that is most strictly enforcing the law, attorneys for the plaintiffs said.

In the last three years, the Escondido Police Department has seized nearly 10,000 vehicles from unlicensed drivers, more than double the number of vehicles impounded by Oceanside, according to city records.

During that same period, the San Diego County Sheriff's Department impounded more than 6,400 vehicles. The department is responsible for patrolling all unincorporated areas of the county and 10 contract cities, including Vista, San Marcos, Poway, Encinitas, Del Mar and Solana Beach in North County.

Escondido police Chief Jim Maher has said the strict enforcement against unlicensed drivers is helping to reduce the number of hit-and-run accidents ---- from 660 in 2005 to 554 in 2007 ---- which he says are caused primarily by unlicensed drivers.

Escondido ranked second among 50 cities of similar size in the number of hit and runs for the year 2006, according to the state Office of Traffic Safety. It ranked third in 2005. Figures for 2007 are not available.

The law that was challenged in the lawsuit, California Vehicle Code section 14602.6, says that if a police officer determines a person is driving without a license, or the license was revoked or suspended, the person's vehicle "shall be impounded for 30 days."

Lawmakers passed the law, known as the Safe Streets Act of 1994, in response to research that showed that:

-- Of all drivers involved in fatal accidents, more than 20 percent involve unlicensed drivers.

-- A driver with a suspended license is four times more likely to be involved in a fatal accident than a licensed driver.

-- Seizing the vehicles used by unlicensed drivers serves a significant public interest.

In their lawsuit, the plaintiffs cited a 2005 ruling by the 9th Circuit U.S. Court of Appeals involving an Oregon law. The court found that towing a vehicle merely because a driver is unlicensed is an unreasonable seizure absent a showing that the vehicle posed a threat to public safety.

However, in his ruling, Judge Otero agreed with the defendants that the Oregon case did not apply because "Oregon classifies driving without a license as a traffic violation and not as a traffic crime." Driving without a license is a misdemeanor crime in California.

Critics of the law said that it caused unreasonable financial hardship for violators.

To get their vehicles back, the owners typically must pay as much as $1,200 in towing and storage fees. Those fees have generated nearly $10 million for the city and the towing companies during the last three years, according to city records.

Escondido Councilman Sam Abed said the judge's ruling vindicates the city's policy of strict enforcement.

"It's good news for the city because we are doing the right thing," Abed said. "I don't think it's just a moneymaking business. My goal is not financial. It's taking unsafe drivers off our streets."

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

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Now if they can wrote on Sep 12, 2008 12:31 PM:just decide that enforcing immigration law is also in the spirit of the law to protect citizens.

Greg in Oceanside wrote on Sep 12, 2008 12:39 PM:Great news! Justice and rule of law prevails!

Now, let's get back to the business of getting illegal, unlicensed, uninsured, and intoxicated drivers off our roads so we (the law abiding citizens) can feel safer.

And, I have to agree with 'Now if they can' that we need to get cracking on enforcing our immigration laws to get the hordes of illegal aliens out of our communities with the same zeal.

Retrogrouch wrote on Sep 12, 2008 12:49 PM:The problem with the Judge's ruling is that it allows law enforcement to dish out penalties with-out due process. Perhaps this Judge should re-read the bill of rights.

b wrote on Sep 12, 2008 12:53 PM:Yes!!! I drove through a driver's license checkpoint about 2 weeks ago and made sure to tell the officers to keep up the good work. They smiled and I continued driving.

30 days may seem like a long time to have one's vehicle impounded, but it gives one plenty of time to think about WHY his/her vehicle was impounded. No license = no driving; any reasonable person understands the concept.

Look Mr. Now wrote on Sep 12, 2008 1:04 PM:I am sure your family immigrated here from somewhere else in the world. When they arrived they were treated with disrespect, kinda like how you want to treat current immigrants. I am sure if you went back and asked your family members how they would want to be treated they would tell you to be kind to immigrants and help them adjust to their new life. Not treat them like 2nd class citizens and then throw them out.

esteban wrote on Sep 12, 2008 1:04 PM:No surprise...it's nice when common sense prevails once in a while.

esteban wrote on Sep 12, 2008 1:07 PM:Retrogrouch, how is law enforcement dishing out penalties? It's a state law written by state legislators. You don't like it, get a petition going to repeal it. The cops have no say in how long the car gets impounded for.

Responding to Look Mr. Now wrote on Sep 12, 2008 1:20 PM:I am so tired of hearing about where "our" families immigrated from. My family came here legally - on a boat from Germany. Back then, you had to have a sponsor to come into the country and be able to show that you had a job lined up and were not going to be a burden on society. The rest of my ancestors were Native Americans! I don't care where you come from or why you're here, if you're driving without a license or insurance, your car should be taken away.

ROFLMAO wrote on Sep 12, 2008 1:21 PM:And so is the ACLU going to sue for EPD to return unregistered firearms to the criminals who had them taken away? LOL

to mr. now wrote on Sep 12, 2008 1:41 PM:your family came here legally... They, he or she, had no problem with the law. DUH!!

JimRT wrote on Sep 12, 2008 1:43 PM:To "Look Mr. Now" - Oh please.....give me a break, are you serious? You are going to compare immigrants that came here legally (and yes, I am sure they had a hard time) with illegal immigrants. Have you ever heard the term “apples and oranges”? What don’t you understand about the word and classification “illegal”?

I would bet wrote on Sep 12, 2008 1:58 PM:that every single person who writes a blog on this story has drinken and driven a motor vehicle at one time or another, just never got caught. I don't condone the act i just think alot of folks are hypocrites.. Bet me wrong on that?

A wrote on Sep 12, 2008 2:06 PM:I understand keeping their car for 30 days, but from what I've been told they also must pay a fee for each day the car is in impound before they can get their car back. I think if they wind up being found innocent, they should have the fee waived.

Sweet justice wrote on Sep 12, 2008 2:20 PM:I'm afraid that the plaintiffs in this case don't have a Constitutional leg to stand on. It would only be an "unreasonable" seizure IF there were no laws broken. If, for example, the cops set up checkpoints and started impounding cars even when NO LAW had been broken, then yes, they have a case. Otherwise, forget it. Is it unreasonable to seize a drug dealer's car? How about a car used in a bank robbery? Police impound cars in those cases every day, and no one argues that it is "unreasonable" because the criminal has forfeited their right to that property. Perhaps unlicensed driving doesn't quite rise to the level of those crimes, but it's against the law nevertheless and thus the cops have every right to impound the car. This is far from being a racial issue and the immigrant activists should stop trying to make it one.

EPiC wrote on Sep 12, 2008 2:28 PM:i'm sure the safety of their citizens is on the bottom of the reason list. it's all about those numbers. that's it.

Gringo wrote on Sep 12, 2008 3:05 PM:I think they should take it a step futher and go to the unlicensed invaders homes, and check other vehicals at the residence for non registered, non licensed, non insured, drivers living there. By my experience, where there's one you'll find a typical mini dorm full the same offenders.

Fester wrote on Sep 12, 2008 3:23 PM:I thin Epic hit it right on the nose. Greed was, is and will always be the priority. Make NO mistake about it!

Judges wrote on Sep 12, 2008 3:26 PM:No problem here and the right decision was made. My only concern is that the radical right applaud this judge and than turns against him when he makes a decision they do not like. I hate to hear the radicla right complain about judges they believe are legislating from the bench whenever something goes against their beliefs. The whining can get tedious.

WWHD wrote on Sep 12, 2008 3:39 PM:What would Hussein do?

This is a message to all wrote on Sep 12, 2008 3:51 PM:We must continue to support our city council and their efforts to clean up the unsafe and dangerous situations we face every day from illegal drivers, drivers with no insurance and unlicensed cars and drivers. I pray that we will win this undeclared war for the salvation of our country.

To LOOK MR NOW wrote on Sep 12, 2008 3:54 PM:My family immigrated LEGALLY and learned ENGLISH and didn't drive a car without a license or one without insurance. These invaders are ILLEGAL immigrants and CRIMINALS at that. Toss them out and make them follow the LEGAL rules for immigration. Mexico is just exporting their criminals and poor to America for the middle class to support. NO MORE!

Court room observer wrote on Sep 12, 2008 3:59 PM:To Cynthia Anderson- Barker..Hurry and appeal this decision. Yeah right! Your argument is void of fact. To Judge Otero- "thank you for interpreting the law to protect others rather than to satisfy the "illegal" establishment".

el camino wrote on Sep 12, 2008 4:00 PM:to greg in oceanside get over it there are also white and black and orange and gren and pink people out there driving with out a license.

Jim wrote on Sep 12, 2008 4:11 PM:Maybe they should take the money they're going to waste on the appeal and teach (those that are being targeted) that it is not right to drive without a drivers license or without insurance.
But that would only be done by people who really care about these people and not by ones who are just it in for the prestige and the media attention.

Your colors are showing through and we know it is not in the name of education or safety.

Know the code or you'll be towed!

Keep up the good work EPD.

diane wrote on Sep 12, 2008 4:36 PM:Now that is one judge with some common sense! Thank you...thank you!

Arizona Retiree wrote on Sep 12, 2008 4:40 PM:As I read the blogs on this subject I sit and wonder "where is America heading to". One side affirms or defends the unlawful behavior of unlicensed and uninsured drivers. On the other hand the law biders are joyous over the decision. It seems that not only are the "wrong doers" purposely acting in a disgraceful manner they expect all others to join in and make the United States a land of renegades.

debby wrote on Sep 12, 2008 5:23 PM:To I would bet
I have had times in my 48 years where I have had a good time having drinks with friends and family, and never in my life ever thought twice about getting behind the wheel of my car! And I know many very responsible people who choose to make the right decisions about not driving while under the influence of alcohol. And from reading these comments there are a lot of people who follow the laws. So like many others I do support the impounding of a vehicle for 30 days, when driven by people who are unlicenced , uninsured or who are under the influence. It not fair to all of the law abiding citizens, if these law breakers get only a slap on the wrist.
Support the escondido police dept. in getting these people off our streets, YOU BET1

Arizona R... wrote on Sep 12, 2008 5:26 PM:I have no clue as to what you are stating?

Bill wrote on Sep 12, 2008 5:34 PM:The problem lies in the storage fees that are progressive.

This makes it tough for people to get their car out of impound where it is sold for funds to support Police causes. This is what amounts to an unreasonable seizure and pure conflict of interest. I have no problem with the vehicles being impounded, but not seized under these conditions.

Impounding and seizing are 2 different things. Seizing means it is sold from under the owner.

The cops are beneficiaries of this system that allows for progressive impound and storage fees making it almost impossible for low income people to get their cars back.

Fine them, charge REASONABLE storage fees etc. but the current system amounts to an unreasonable seizure and excessive punishment when people are unabale to get their cars out bedcause of lack of funds created by exorbitant storage fees.

However, this isnt what the suit challenged.

That one is coming but this judge was correct based on the complaint.

Lisa wrote on Sep 12, 2008 6:03 PM:Yeah ROFLMAO, after, of course, they robbed a bank, and we should also give them the money that they stole when they get out of prison.

Some people's logic is beyond consideration.

We the people, do not want criminals roaming our streets and then demanding that they need different laws.

The ACLU is doing no favors for anyone when they think criminals should be defended and redefended on losing issues.

John E wrote on Sep 12, 2008 6:31 PM:Some folks keep driving following license suspension. We can put them in jail or impound their cars, but we somehow have to find a way to keep them off the road. The 30-day impound is a necessary tool.

I love the part about illegal immigrants being "forced to drive illegally." No one is forcing anyone to drive illegally. Driving is a privilege, not a right, and it is quite reasonable to demand that motorists be emotionally and financially responsible and physically capable of driving safely.

Rapido...Rapido wrote on Sep 12, 2008 6:31 PM:When is the next check point scheduled?

Sure Sam Sure wrote on Sep 12, 2008 6:36 PM:Escondido Councilman Sam Abed said the judge's ruling vindicates the city's policy of strict enforcement.""It's good news for the city because we are doing the right thing," Abed said. "I don't think it's just a moneymaking business. My goal is not financial. It's taking unsafe drivers off our streets." You are NOT doing the right thing. This is nothing more than highway robbery. ...

Nicodemus wrote on Sep 12, 2008 6:44 PM:Hey Bill Flores...do you have a California drivers license?.. probably so; do you have vehicle insurance?...probably so. Why? Because it's the LAW. Nuff said.

To A and to Bill wrote on Sep 12, 2008 6:53 PM:Wrong! When a vehicle is impounded for 30 days because of an unlicensed driver the tow yard charges a set amount per day. The police/sheriff charge a set fee for the vehicle release. That money goes to the city or county. The registered owner must provide a license or a licensed driver after 30 days to get the release. The tow yard does not give any of their fees to the police or sheriff. Furthermore, many of these same drivers will pay the fines and guess what the next day or week same thing. They don't learn. These rules apply not only to illegal immigrants but to anyone who is caught driving without a license. That includes your friend who wants to borrow your car. Just make sure when you loan your car to anyone that his license is indeed valid. Otherwise goodbye car. Also, I didn't read anything in this article about 30 day impounds for DUI.The vehicle is just stored and the registered owner can get it back the next day. Still a fee for the release and whatever the tow yard charges. Though I believe there should be a 30 day hold.

Karl wrote on Sep 12, 2008 6:58 PM:I would bet @ 1:58 PM:

How much do you have to lose? You can make the check out to Karl.

Your premise is invalid. Both laws are enforcable and need to be enforced. You cannot justify breaking a law because some people break another law.

You folks against the checkpoints are grasping for straws in a losing effort. Either start a petition drive or go find another cause to support.

ToI would Bet wrote on Sep 12, 2008 7:21 PM:Not everyone drives drunk like you, I never have and never will. I hope you get nailed.

Nick wrote on Sep 12, 2008 7:48 PM:Hmmmmmmm.........how many of these unnamed plaintiffs are actually legal citizens??????
Why else would ... Bill Flores be supportive of them.
Sorry Illegals....you don't have a right to be in this Country...you don't have a right to drive...and you sure as heck don't get your hoopty back the next day.....LMAO.
Cheers, Nick.

Z visas wrote on Sep 12, 2008 8:14 PM:that either McClain or Hussain will give out like candy in about a years or so will make all of this irrelevant. Welcome our illegal friends! Please get in line for your new Driver's Licenses.

Mark wrote on Sep 12, 2008 8:22 PM:Great decision. Get a license and insurance and you can drive a vehicle in California. It is that simple. If your license is suspended, take the proper steps to get your license back. I think the city has one set fee for impound releases. They do not make money on tow storage fees. I am sure the city is not making millions on vehicle tows. Don't fall for the media slant. Great job EPD.

Karl wrote on Sep 12, 2008 8:35 PM:Classic quote from Bill Flores "Just because it's legal doesn't make it right". This guy used to be in law enforcement?

Bill wrote on Sep 12, 2008 8:50 PM:when someone signs for a permit and then gets their license, they agreed to abide by the government laws of the road: a contract. however, if someone never signed the contract with the government because they never applied for a license, then they are free to travel. so, therefore, the taking of property by the government when they do not have the right to take it nor enforce a law that does not apply becomes an illegal taking.

El Crapo this wrote on Sep 12, 2008 8:56 PM:Yeah ok Flores ""Just because it's legal doesn't make it right," said Bill Flores, a spokesman of El Grupo, a North County-based umbrella organization of civil rights groups." so I guess in your itty bitty little mind (and those of your grupo hahahahaa)...what you meant to say is this: Just because it's ILLEGAL, DOES MAKE IT RIGHT!"

Get out of USA and go live with the hoards of illegals in THEIR country then!!!

Good riddens!

To Bill wrote on Sep 12, 2008 9:20 PM:Absolutely senseless, you cannot go to step four without going through steps one, two and three. If by not taking on a contract you have no right or privilege to drive and you are not free to travel.

That ridicules logic is why so many criminal drivers are getting their cars impounded.

You need a license (contract) to drive without it you are breaking the law and you will have to pay for taking bad advice from people who think that you don't have to abide by the written laws.

My past three blog comments havent wrote on Sep 12, 2008 9:27 PM:been printed. I suggested that we all be proactive and keep people like Flores and his friend Olga out of public office. We can't let them be voted in to any government position where they can do further harm. Because as voters we allowed it in the past, we now have to be reactionary to these happenings. Let's be PROACTIVE instead of REACTIVE. Keep them out of office.

JimmyObserves wrote on Sep 12, 2008 9:55 PM:Just take a trip to your local DMV where the crowds are dense and the lines are long to register a vehicle, fill out a form to receive one of the red paper stickers with a number imprinted on it (they fade after months or years or driving), or take the written drivers test. What is amazing is this special arena where one completes the last phase of the process to receive a first license or renew an existing drivers license. This area is where the herd thins and the long lines trickle down to those law abiding citizens who possess a vehicle that is registered and insured, those citizens who intend to practice what is right and legal, who do not worry as they approach an officer who directs them into an inspection lane, those who are not "forced to drive illegally to work, to the doctor, or other necessary trips" as the NC Times cited in this article. The civil rights groups and activists should spend some time at the DMV. I bet most of the cars towed and impounded were never driven in that special area where a DMV behind the wheel drivers test is given to those who respect the law and strive to do what is right.

Escondida wrote on Sep 12, 2008 10:47 PM:I agree with Bill Flores quoted above: what is legal is not necessarily just. I'll go a step further: undocumented workers in 999 cases out of 1000 are productive citizens and deserve a break. Drivers' licenses regardless of immigration status would help do that. The U.S. isn't a separate planet from the rest of the world; the international economic system creates migration and the human thing is to live with it and not to raise walls against it. So there, all you defenders of "the law"!!! Try seeking a higher law!

bryan wrote on Sep 12, 2008 10:49 PM:greatest news ive heard all year enjoy it while you can. Why have any laws if they are not followed or enforced. Illegals are not above the law. These small victories are just that, Its like we are polishing the brass on the titanic as it sinks. Its only time before the liberals take complete control over our lives.

Escondinha wrote on Sep 12, 2008 10:57 PM:By the way: the level of intolerance on this blog is disturbing. People differ in opinion, and so? That doesn't make them bad citizens. Accept some discussion instead of imagining you're going to drive your neighbor, who disagrees with you, out of the country. I won't spell out the "R" word but that's certainly what it looks like to me.

Roberto wrote on Sep 12, 2008 11:02 PM:Of cousrse only Mexicans and illegals drive without drivers license. If you don't believe it just read all [comments] that [have] been posted.

Al wrote on Sep 12, 2008 11:27 PM:So these folks enter the USA ILLEGALLY(criminally) but that is O.K. with Bill Flores. They drive ILLEGALLY(criminally) without licenses and that is O.K. with Bill Flores [opinions].
Question: Any difference between Bill Flores and the deposits left by dogs on your lawn?
Answer: None

PJ ... wrote on Sep 13, 2008 1:57 AM:It seems to me that those who give up freedom for safety deserve neither! How can you allow government to do a Common Law Extortion without the required JURY attainder for your property be lawful? How can taking your property for private use without just compensation be a legal ruling by any judge unless he's taking kick backs and emoluments. He swore to uphold the constitution! He has no right to make judgments under "SPIRITS" if I wanted ghosts I'd watch tv!

PJ wrote on Sep 13, 2008 1:59 AM:It seems to me that those who give up freedom for safety deserve neither! How can you allow government to do a Common Law Extortion without the required JURY attainder for your property be lawful? How can taking your property for private use without just compensation be a legal ruling by any judge unless he's taking kick backs and emoluments. He swore to uphold the constitution! He has no right to make judgments under "SPIRITS" if I wanted ghosts I'd watch tv!

rxsguy wrote on Sep 13, 2008 2:01 AM:uuum my ancestors came on a boat from ireland with a bunch of cargo, registered were deloused lived in what amounted to a slave cabin built half of new york with there bare hands were paid a laughable wage were second class citizens commonly spit on by the populace and assaulted(and worse) by the local police and still they stayed to become us citizens i have no sympathy for the illegals who sneak in and then whine when they dont get the silver spoon when the process is far easyer and more humane then it was back then as for the driving without a lisence, fine yes keep for 30 days mabey(depending on case) but why should we let the tow companies have any money at all aside from what we pay to subcontract them for the night? what about state/city run impound yards it seems like the tow guys are the ones benefitting from all this, as for illegals, do what that sheriff in nevada is doin, they come back illegal, into the paddy wagon they go for a trip to the nearist ICE detention facility(if they have kids let them tell the ICE agents so they can go get them so theres no "issue" of a lack of parent)

Rolf wrote on Sep 13, 2008 2:46 AM:In Germany there is much outside the rule as here. When on a journey and the ticket is checked and the documents are wrong a penalty is exacted.

Bill wrote on Sep 13, 2008 4:06 AM:I can see Im going to have to go by another name because there are too many Bills in this room.

Im not the one who wrote that last post.

Jenny wrote on Sep 13, 2008 6:51 AM:Illegal aliens are not indigenous, and in fact their ancestors were European. Those ancestors of theirs, by the way, committed wholesale genocide against the indigenous, and in fact they also invented the trans Atlantic slave trade, because after slaughtering the native peoples, they needed the labor to steal the gold and other resources. Brown skin does not make one a native person.. go to Spain or Portugal and see for yourself.

This indigenous woman is fed up with the lies and ignorance of the open borders lobby, who try to exploit my people's history.

There is nothing wrong with there being a penalty for those who commit a crime. BTW, last time I looked, those who can not drive for whatever reason are able to use the mass transit system (the bus, trains), walk, etc.. at least that is what is expected of citizens. Driving is a privelege, not a right.

It's time to sue any government that provides cover to illegal aliens and their corporate/business paymasters. We need to ratchet up pressure and the need for accountability on them.

OK OCEANSIDE wrote on Sep 13, 2008 7:11 AM:Lets roll out that program to stop them and take the cars. They will pay $50.00 for the next one, but it will sure slow them down. Way too much of illegal drivering in Oceanside!

Bill Bill Bill wrote on Sep 13, 2008 8:25 AM:... Let's see if your logic works here:

My neighbor has two cars to sell. I enter into and sign a contract to buy one of those cars.

My other neighbor doesn't enter into a contract, but wants the other car. So, he just takes the car. Since he didn't enter into a contract to buy, by your logic, he has the perfect right to just take the car, just because he wants or needs it.

People like you are what gives the American education system a bad name.

P wrote on Sep 13, 2008 8:42 AM:If any of the 20 plaintiffs were illegals, the judge should have deported them while they were there in the courtroom. Two birds with one stone.

Amnesty wrote on Sep 13, 2008 9:21 AM:It will be really good when McCain or Obama gets elected so we can push through the amnesty bill, assimilate the "illegals," and allow everyone to get a license etc., Until then "Be Classy Escondido."

John wrote on Sep 13, 2008 9:22 AM:If only DUI offenders could lose their cars for as long! It is pathetic that you can lose a motor vehicle for DRIVING SOBER without a license, yet get your car out of impound (if it even is!) in 24 hours if it is impounded for a DUI! What is WRONG with this picture?

Sid wrote on Sep 13, 2008 9:29 AM:$1200, for towing and storage, for only 30 days? I.e., premium parking lot rates, for usually an unimproved dirt lot in some low rent area of town. Such tow contracts are money machines, and, if any reporter wants to dig, most likely involve huge kickbacks and political contributions. Samll wonder that the services are reportedly often owned by police officers?

Escoffier wrote on Sep 13, 2008 9:54 AM:I don't believe in censorship, but when people are openly insulted and it's vaguely suggested that it would be OK to "get" such and such a person, that's where I draw the line. Does this list have a referee or whatever you call it? Is he/she asleep at the wheel? Letting incendiary and ad hominem comments pass doesn't exactly favor intelligent debate. ...

Escondida needs to wrote on Sep 13, 2008 9:55 AM:study a bit. Like most countries, the USA is a sovereign nation - it has borders and citizenship, and right to decide it own laws Just because we live on one planet does not mean the USA is responsible to enable the defects of that failed country to the south.

Perhaps in a few thousand years humans will achieve the utopia you apparently see. Until then let Mexico sort out its own problems and quit burdening the US.

Remember Folks wrote on Sep 13, 2008 10:09 AM:If Bill Flores (against deporting criminal illegals) gets his way on this he will be on to some thing else. Any thing to change the demographics of this city as quickly as he can. He has his own agenda.

El Grupo Uno wrote on Sep 13, 2008 10:19 AM:El Grupo Uno, Bill Flores, never ceases to amaze me. I just have to wonder how he enforced the law when he was an officer!

jerrylen wrote on Sep 13, 2008 10:35 AM:PRESENT Escondido council members resorted to thievery a long time ago. The red light cameras cost of $341 is theft. I'm 74 yrs old & a police lt gave me a ticket for overdue registration, which I deserved. HOWEVER, the law ALLOWS them to give a "fix-it" ticket which allows us to get the problem fixed & there's NO CHARGE. This nasty Escondido Lt, cost me over $400 for the ticket. By the way, I was taking an 80 yr old widow to her cardiologist & Motor Vehicle Bureau had sent my renewal to the wrong addres, as I found out. I know there's "no excused for breaking the law, but the nasty LT had a choice. He chose to make $$$$ for the city coffers, as opposed to checking my excellent traffic record (no tickets).

Bo wrote on Sep 13, 2008 10:36 AM:Illegal immigrants are "forced" to drive without a license? What a joke! I suppose we "forced" them to illegally cross the border too?

To Amnesty wrote on Sep 13, 2008 10:59 AM:To Amnesty: so you think giving illegal’s amnesty will automatically transform them into assimilated citizens of the U.S?
For someone to assimilate into OUR culture is to:
“integrate somebody into a larger group, so that differences are Minimized or Eliminated”.
Unfortunately the numbers if illegal’s are so huge and concentrated into specific areas such as L.A, they will never blend into our society. Look at the number of Spanish newspapers and radio stations. The shear size of these amnesty cities is unprecedented in the history of the U.S. Their language and culture will serve to isolate them from prosperity and only foster resentment and a larger welfare state mentality. It could actually move to the point where these sanctuary cities expand into sanctuary states which will demand their own autonomy or meld with Mexico completely. Those that don’t know history are doomed to repeat it, and the U.S. is on the path to destruction just like the great democracies before it.

politicjock wrote on Sep 13, 2008 11:09 AM:In running the sleaziest campaign since South Carolina in 2000 and standing by completely debunked lies on national television, it's clear that John McCain would rather lose his integrity than lose an election.

Yo Amnesty wrote on Sep 13, 2008 11:30 AM:Don't kid yourself. If Obama is elected president there will be no amnesty. Why? Because, if McCain loses, miraculously the Republicans in the House and Senate will fight amnesty as treasonous. In addition, blacks and white blue collar Democrats will pressure their Democrat representative not to approve amnesty as they will fear the competition for jobs.

Escondida wonders... wrote on Sep 13, 2008 11:56 AM:...yes she does, whether some of the bloggers who think that "illegals don't want to assimilate" have ever met sons or daughters of immigrants (legal or otherwise) who DON'T speak English? Who aren't as American (U.S.) as you and me? Consider this: you give people half a chance to integrate and they'll integrate; you make them feel seriously unwanted in your fair city and they might not. One more thing: "sanctuary" is not a bad word in most people's vocabulary. It means you help people rather than rejecting them. This mutual aid concept seems to be out of style among some righteous bloggers.

speel cheek wrote on Sep 13, 2008 1:03 PM:Hey, people, I hate to be petty here, but could you guys please try to use correct spelling? If nothing else, maybe you could run your rant through the spell checker. "El Crapo this" said "good riddens." What the heck is that? I think half the people on this blog learned English in Tijuana.

Memo wrote on Sep 13, 2008 1:53 PM:"Escondida" shows her true colors with her original post--"999 out of 1000 UNDOCUMENTED workers are productive citizens who deserve a break"--NOT on our (US Citizens)dime!!! "Escondida" doesn't understand the word "Illegal" or wishes to avoid it! Also, "To Amnesty" at 10:59 has the best and most informative post of the day--our elected officials need to read it and DO SOMETHING ABOUT IT!!

BRAVO wrote on Sep 13, 2008 2:07 PM:Great job!! Judge!!!

Drunk Driver wrote on Sep 13, 2008 2:20 PM:Yep. I drank and drove. Admitted it. Lost my license for a time. Paid huge fine. I was wrong. I learned. I don't ask ACLU to sue the city!

Pedro wrote on Sep 13, 2008 2:38 PM:If people don't want to pay money because their car is impounded then all they have to do is obey the law. What a concept!

OCEANSIDIAN wrote on Sep 13, 2008 3:42 PM:I agree that impounding a car for 30 days based on the decision of a police officer is a denial of due process. Rather, the car should be impounded until a hearing before a court on the issue. The court can then release the car upon payment of "bail" ($10,000?) pending a trial on the crime committed by the driver of the car. Or if the officer erred, the Judge could then release the car to the LICENSED driver. Simple. DO NOT DRIVE IF YOU DO NOT HAVE A VALID LICENSE TO DO SO. That's simple too.

ObSERVER wrote on Sep 13, 2008 4:03 PM:If they don't have a driver's license why are they in such a hurry to get their car back????????

Bravo to Escondido police department. I support you 100%

To Escondida wonders wrote on Sep 13, 2008 4:27 PM:To: “Escondida wonders“
It is not our fault they came here illegally, and in some cases paid their way by carrying drugs in their backpacks.
We do not need or want people who will do anything, including drug running to enter this country.
Our immigration laws are designed to prevent what has happened in L.A, Atlanta, San Diego and all across the nation. Any nation that lets uneducated, corrupt, or violent people to cross their borders will eventually self destruct. If they want to come here legally by meeting our requirements for immigrants I will never have a problem with those people because that shows they can be trusted. I will give anyone of those a chance to assimilate into OUR culture, but never the cheaters and drug runners. We have enough of that human garbage here already, or is that the type of people you prefer to live around?

LadyM wrote on Sep 13, 2008 4:36 PM:To Look Mr. Now: First of all these people are not immigrants, learn the difference. These people, according to Federal Law, are illegal aliens. Therefore they have no rights beyond that of being treated humanely after they are arrested. Immigrants are those that took the time to come legally, paid their money, passed all the medical tests, and had a sponsor. Do you get the difference now, or should I put this in bigger letters for you.

Hlkool wrote on Sep 13, 2008 9:15 PM:the tow services that get the tows from cities are tied by what contracts, and why isn't the fee charged regulated by the cities, so that these insidiously huge fees are not gouged from the citizens as a result of the impound requirement! Have you ever been towed and know you have no say in the resultant humongous fee they charge?

ToHIkool wrote on Sep 14, 2008 12:54 PM:If you drive without a license and insurance YOU take the risk not the licensed and insured who by the way want your kind off the road.

JJ wrote on Sep 14, 2008 1:54 PM:A simple demand for Law & Order by the US Taxpayer is what we have here. The 'uninsured motorist' portion of my insurance is preposterous. Prior to Amnesty there was a 'mere presence' law which basically said the mere presence of an illegal alien constituted a felony. Boy o Boy how times have changed. While I think the vast majority of our visitors to the South are decent people, I am just getting sick of picking up the tab!

United we stand wrote on Sep 16, 2008 6:36 PM:Unlicensed drivers means those who have valid out=of=state licenses too. they do not count in the state of California. I move every year or two (not due to military service) and have to get a new state license whenever a state requires it. Sometimes I end up paying nearly $100 for a drivers license. It gets expensive. This is the injustice of it for me. Why can't a license be a license no matter what state. We are the fifty United States of America. This is my beef with it.

Sam I Am wrote on Oct 1, 2008 4:06 PM:Funny how when Bill Flores was an Assistant Sheriff, he NEVER interceded in the Sheriff's towing policy for unlicensed drivers. Suddenly it is a race issue for him.

Here is a man who help create the very rules and regulations that he now opposes. Interesting.

Bill Flores may be a retired Sheriff's employee, but he certainly does not have law enforcement's or the public's safety as an objective now.

Adam wrote on Oct 6, 2008 7:24 PM:Well I read all this. I agree there is a lot of people who are intolerant of other peoples opinions. Both parties are acting on a set of morals which makes them righteous. I agree with the idea that an innocent person should be refunded or have the impound fees waived. There are other issues. People are being jailed before they have a fair trial. WE TAX PAYERS foot the bill. Also, I think that forcing people to waive their rights is wrong. Deputy Public Defender?? Is this a conflict of interest?? I think that the War on Drugs is fighting the wrong people. Some "Mentally Ill" people are forced drugs against their will. AGAIN TAXPAYERS FOOT THE BILL. I think that the Ponzi scheme should be compared to insurance. And if you have health insurance thru your employer you should read the ERISA law. I think that one day we will realize that humanity is more valuable than money.

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