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Change Coming to California DUI Checkpoint Law in 2012
Changes in California DUI checkpoint laws are coming on January 1, 2012.
November 17, 2011 /Automotive PR News/ -- Effective January 1, 2012, California police will no longer have the authority to place a 30-day impound on vehicles being driven through DUI checkpoints by unlicensed drivers. Current law allows the more than 100 city and county law enforcement agencies who routinely operate DUI checkpoints to ticket unlicensed drivers, issue a fine and impound the vehicle their vehicle for up to 30 days.
Some lawmakers -- particularly those advocating for the state's Latino contingent -- argued that the law allowing unlicensed drivers' vehicles to be impounded discriminated against peaceful illegal immigrants who are unable to obtain a valid drivers' license because they do not have proper documentation. They state as evidence for the theory that the DUI checkpoints were unfairly targeting low-income and illegal immigrant populations the fact that state records reveal that 2009's DUI checkpoints netted 3,200 drivers driving while under the influence of alcohol; those same checkpoints resulted in over 24,000 impounded vehicles, mostly in areas that were predominantly populated by the less-fortunate and those in the country illegally.
What Will Happen to Unlicensed Drivers in 2012?
Once the new law takes effect in January, unlicensed but sober drivers stopped at DUI checkpoints across the state will no longer face an automatic impounding of their vehicles. They will still face a fine for driving without a license, but they will have the option of relinquishing control of their vehicle to a licensed driver to avoid having it towed and impounded. Since towing and impound fees are usually at least $100, this makes the punishment -- a fine and citation -- much more fitting of the crime than before.
Law enforcement officials have protested the new law since Assembly Bill 353 was introduced, arguing that it lessens their ability to keep the roads safe by allowing unlicensed drivers to get back behind the wheel as soon as they are out of sight of police. Police agencies will no doubt also feel the financial sting of the lost revenue once generated by impound lot fees -- a 30-day stay at a police impound lot can easily run a driver $1500 or more.
Since the law has not yet gone into effect, there is no way of knowing exactly what effect it will have on the safety of California's roads. In the meantime, if you or a loved one has been unfairly ticketed at a DUI checkpoint (either being charged with DUI or having your vehicle impounded), consult a skilled criminal defense attorney in your area to learn more about your legal options and begin protecting your rights.
Article provided by Jerrold M. Bodow, Attorney at Law, A.P.L.C.
Visit us at www.attorneybodow.com
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