Posted on September 13, 2011

Calif. Bill Would Protect Unlicensed Drivers from Arrest

Vivian Ho, San Francisco Chronicle, September 12, 2011

A bill loaded with immigration politics and potential implications for highway safety has landed on Gov. Jerry Brown’s desk.

The legislation by Assemblyman Gil Cedillo, D-Los Angeles, would change police procedures at drunken-driving checkpoints, prohibiting officers from arresting drivers and immediately impounding their cars if their only offense is not having a license.

Supporters say the bill, AB353, would impose a consistent policy statewide–some agencies confiscate unlicensed drivers’ cars now, and some do not–while keeping DUI checkpoints from being turned into traps for otherwise law-abiding illegal immigrants who cannot obtain licenses.

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But for families who have lost loved ones because of unlicensed drivers, the bill would endanger everyone who uses the roads.

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If Brown signs Cedillo’s bill, “more people will die, plain and simple,” said Don Rosenberg, 58, who lives in Westlake Village (Los Angeles County).

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“We’re not condoning driving without a license,” said Dan Savage, Cedillo’s chief of staff. “But we have to abide by the law, which is the law preventing illegal search and seizures.”

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If Cedillo’s bill becomes law, Rosenberg said, “not only will people who were caught get their cars back sooner, it will empower other people who haven’t been driving because they were afraid of getting caught to start driving.”

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