Crime & Safety

SRPD Relaxes Impound Policy at DUI Checkpoints for Six Months

Amid recent criticism, the San Rafael Police Department will now release vehicles seized from unlicensed motorists at DUI checkpoints to licensed drivers.

Starting Friday, unlicensed drivers screened at DUI checkpoints in San Rafael will face relaxed rules for impounding vehicles, according to Lt. Glenn McElderry.

Under a new policy, an unlicensed driver’s car can be released to someone with a valid driver's license instead of being impounded for 30 days, saving the driver thousands of dollars in fees. The new rules will bring San Rafael more in line with other agencies in Marin and Sonoma counties, according to McElderry.

The preliminary policy, starting Sept. 16 and set to run for six months, comes in the wake of

“Driving without a valid driver’s license is still illegal in the state of California, and that has not changed in San Rafael,” Interim Police Chief Jeff Franzini said. “Anyone stopped by the police will still be dealt with through our local court system.”

The checkpoints are meant to target drivers under the influence, but when they are set up near the Canal neighborhood, a densely populated 2.5 square-mile stretch north of Highway 580 that is home to a large immigrant community, more vehicles are towed due to unlicensed drivers than drunken driving.

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Since April 2011, more than 66 vehicles have been towed at DUI checkpoints, according to the .

The new policy is at the police officer’s discretion. On first violation, drivers could still be impounded, but the driver won’t need to wait 30 days to pick up the car. They will still need to provide proof of insurance, current registration, pay all fees and have a licensed driver with them to pick up the car.

“Unlicensed drivers who can be identified will still be cited and released, and those who cannot be identified will still be booked at the Marin County Jail,” McElderry said in a statement.

Over Labor Day weekend, . One of those checkpoints was held at Grand Avenue and East Francisco Boulevard in the Canal.

When a car is impounded, the owner pays around $2,200 in storage and administrative fees to retrieve the vehicle, police said. Although those fees are set by the city, charges can increase depending on how long the car is in storage.

“I knew one woman who’s paid $3,000 two different times to get her car,” Canal resident Roberto Hernandez said.

Hernandez and other neighbors asked council members at a June 2011 meeting to allow them 20 minutes to call a licensed driver to pick up their vehicle, like several other law enforcment agencies including the San Francisco Police Department.

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Now Hernandez says the next step is to educate the community about the new policy.

“It’s going to be hard to keep them from driving because they need to get to work,” he said. “But I still feel so good [about the policy].”

The issue of vehicle towing at DUI checkpoints has garnered statewide attention. A bill, known as AB 353, that would ban law enforcement officers from impounding cars and arresting motorists if their only offense is driving without a license currently sits on Gov. Jerry Brown’s desk.

“To me, it’s a question of proportionality,” said San Rafael Vice Mayor Greg Brockbank, noting the real issue is whether unauthorized workers should have driver licenses.

“Driving without a license is against the law, and I hate to turn a blind eye on that, but many immigrants are here to stay and that high of a cost seems unfair,” he said.

Checkpoint locations are chosen based on traffic collision data. Between January and August of 2011, San Rafael police investigated a total of 29 traffic collisions involving a DUI driver and 16 of them, or 55 percent, occurred in the Canal neighborhood. Of those accidents, 18 resulted in injuries, with eight of those (45 percent) resulting from Canal collisions, authorities .

An unlicensed driver caused a when he struck another car after performing an illegal U-turn in traffic.  Two people were injured in the other car, including a five-year-old child, according to the San Rafael Police Department.

After the six month trial period is over, authorities will analyze the collision and citation statistics to determine if the new policy should made permanent.

“This new policy is a great start and we’re very grateful,” Canal Alliance Executive Director Tom Wilson said, “but it’s different than saying impounding is not allowed.”


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