Councilman Still Not Happy With Car Impound Policy

City Councilman Mitch Englander said Friday he is still not happy with a revised Los Angeles Police Department policy for impounding the cars of unlicensed drivers.

At the urging of immigration activists and civil rights groups, the department proposed a new policy in January that would not require a mandatory 30-day impound for unlicensed drivers pulled over by police when they meet certain criteria.

Drivers would have to show valid identification, car registration and proof of insurance. Drivers who were at fault in an accident, who had their licenses suspended, revoked or had been caught previously driving without a license would not qualify for a shortened impound.

Deputy Chief Michel Moore told the City Council Public Safety Committee the revised policy is necessary because officers in the field are often confused about when to impound a car and for how long. About 85 percent of impounds are issued under a mandatory 30-day hold. The rest are detained under a shortened period or not at all when a licensed driver is available to pick up a detained car.

Englander, who chairs the committee, said he was not satisfied the department or the Los Angeles Police Commission had asked for a legal analysis of the proposal.

"I don't think this passes legal muster, quite frankly, from my analysis," Englander said.

He said he is convinced the intent of the state law first passed in the 1980s was to prevent unlicensed drivers from being on the road. "I'd like to see the intent of the state law upheld," Englander said. "I don't want blood on my hands, and I don't know how many more deaths and injuries have to occur."

Lawyers and activists with the National Lawyers Guild and the American Civil Liberties Union told the committee the existing policy discriminates against illegal immigrants, who are unable to apply for a legal driver's license.

This week Police Chief Charlie Beck, Los Angeles County Sheriff Lee Baca and Mayor Antonio Villaraigosa expressed support for creating a new, different driver's license for illegal immigrants who have been in the country for several years and have a clean record.

The City Attorney's Office is expected to issue an opinion on the proposed policy next week. The Police Commission is expected to vote on whether to approve the new policy.

If approved, the proposal's fate might hinge on whether the commission considers the new proposal a procedural change or a policy change. If it is considered a policy change, Englander or another City Council member could move to overrule the changes. Otherwise the council would not have jurisdiction.

-- City News Service