Police will be prohibited from impounding cars of most unlicensed drivers stopped at DUI checkpoints under a bill signed Sunday by Gov. Jerry Brown.

Under the bill, AB353, cosponsored by by Assemblymen Michael Allen, D-Santa Rosa, and Gil Cedillo, D-Los Angeles, police can’t impound the car of an unlicensed driver who is sober if the car wasn’t used in a crime, other than being driven by an unlicensed driver; if a licensed driver is available to drive the car at the time; or an officer is able to park the car in a place that does not impede traffic or threaten public safety.

If the car does get impounded, the registered owner or his or her representative, such as a friend, will be able to retrieve the car the next day after showing a valid driver’s license and car registration. State law now requires that a car of unlicensed drivers be impounded for at least 30 days in most cases.

AB353 becomes effective Jan. 1.

DUI checkpoints have become a flashpoint among Sonoma County’s social activists because in addition to arresting a handful of DUI suspects at the checkpoints, police often arrest many more unlicensed drivers. Those suspects typically are illegal immigrants who are barred under state law from getting licenses, so their cars often get impounded.

That’s why nearly every local DUI checkpoint has activists down the street with signs in Spanish warning of the checkpoints. Their hope is that illegals will turn away from the checkpoints before it’s too late. They argue that the impoundment of the cars causes substantial financial burden of the immigrants, many who can’t afford the impoundment costs and who need a car to get to work.

To read the bill, CLICK HERE.

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