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by
Jack Dunphy

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October 23, 2013 - 12:00 am
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Suppose as you read this that Officer Dunphy is out on patrol somewhere in Los Angeles.  As he keeps an eye out for signs of crime and villainy, he also seeks to maintain good order on the roads through enforcement of the traffic laws.  And what should he see directly in front of him but a flagrant violation of those laws, to wit, someone driving 45 miles per hour in a 25-miles-per-hour zone on a quiet residential street.  Officer Dunphy pulls over the errant driver and, after cautiously approaching the car (because you never know), discovers that the driver speaks no English, only Spanish.

This is no impediment to Officer Dunphy, as he has learned a good deal of Spanish over the years, a necessity for police officers working in many parts of Southern California.  So, in the driver’s native tongue, Officer Dunphy asks him for his driver’s license, registration, and proof of insurance, all of which California law requires him to carry.  The driver replies that he has none of these things, and that the car belongs to a friend of his whom he knows only as “Francisco.”

And now the question: What should Officer Dunphy do now?  Of course he issues a citation to the driver for the speeding violation as well as for being unlicensed and uninsured, but what should happen to the car?  California law allows for its impoundment for 30 days, which in this case would serve as a deterrent both to our driver, for being unlicensed, and to Francisco, for allowing the unlicensed man to drive.

“Yes, Officer Dunphy,” you say, “summon the tow truck immediately.  Unlicensed drivers are a menace and the full weight of the law should be brought to bear upon them.”

Ah, but if that is indeed your response, you haven’t been paying attention to the news here in Los Angeles.  What I must do, under the terms of the LAPD’s Special Order 7 (PDF), is allow the unlicensed driver to contact Francisco and allow him time to come to the scene and, assuming he has a driver’s license, take charge of the car.  If Francisco does not have a license, he must be allowed to ask someone who does have one to come and take the car.  In the event no qualified person is able to come, I can still impound the car, but only for one day, not thirty.

You see, the law authorizing police to impound cars driven by unlicensed drivers was enacted in the bad old days, when legislators and police officers alike considered it a duty to discourage and punish affronts to public safety.  This of course was before enlightened Democrats, who now enjoy super-majorities in both houses of the California legislature, set to the task of making the state more hospitable to illegal immigrants.  Under a law recently passed, illegal immigrants in California will soon be granted driver’s licenses, so the question of impounding their cars when they’re found to be driving without a license will become a bit trickier.  But you can bet there will be those who will look to cut them even more slack than the new law requires.

Among those surely will be LAPD Chief Charlie Beck, under whom Special Order 7 came to be implemented.  Appointed by former mayor Antonio Villaraigosa, Chief Beck was and remains a willing servant in Villaraigosa’s effort to make Los Angeles more friendly to immigrants, legal or not.  Special Order 7 has been challenged in court, both by the police officers labor union and by Judicial Watch, and in August a Superior Court judge ruled that it was preempted by state law.  This forced Beck to rescind the order, but last week an appeals court set aside that ruling, allowing Beck once again to implement his order.  Beck has called it an issue of “fairness,” saying that the fees attendant to lengthy impounds were too high for many illegal immigrants to pay, resulting in the permanent loss of their cars.

Comments are closed.

Top Rated Comments   
"Your typical leftists will argue that your average illegal does not have traffic accidents at a rate higher than citizens so the 7,000 deaths are immaterial."

The logical conclusion of that argument would then be that it is a waste of time and money to license ANY drivers, since the licensing process obviously does not weed out unsafe drivers. If that is the case, the licensing function of the DMV should be eliminated, and all drivers should be allowed to drive without a license.
1 year ago
1 year ago Link To Comment
The People of California must really appreciate the way the state is being run by the Democrats because they keep electing them, election after election, to majorities in the State Houses, and to head the executive branch of state government.
1 year ago
1 year ago Link To Comment
A few years ago, I was helping a friend run for political office and made
the mistake of posting one of his signs on a power pole. A cop happened
to be driving by and arrested me as posting signs on power poles is
illegal in that city. I had to appear in court and before the judge called
my name, an illegal alien was up before him for driving without a license.
The judge reprimanded him and let him go...no fine. When my case came
up the judge lectured me about power poles and signs and fined me
25 dollars.
1 year ago
1 year ago Link To Comment
All Comments   (31)
All Comments   (31)
Sort: Newest Oldest Top Rated
Chief Beck, what do you think will happen when one of these Illegal Aliens kills someone with the vehicle he was able to get out of impound after just one day. Can you say LAWSUIT?
1 year ago
1 year ago Link To Comment
California might just as well open the border and consider Mexicans to be citizens of the state. Mexicans have more rights in California than US citizens.
1 year ago
1 year ago Link To Comment
Why impound the car.......the guy got his ticket.....the owner may not have known he didn't have a license, and it's just a waste of everybody's time.

Also subject to abuse by the cops.........and we know they can be abusive.
1 year ago
1 year ago Link To Comment
the ticket was for excessive speed in a residential zone.. endangering the lives of any who happened to be near. YES, the clamps for the car... it never should have been on the road, being driven by an unlicensed driver. If I HAVE the license but forgot to bring it with, I can always give him the number, or my name, and he can establish via his all knowing laptop that I AM indeed licensed. And if his pal doesn't know he is giving his car to an unlicensed driver, he SHOULD know. Either way, tow the car until it is all sorted out. In Mexico, if anyone is involved in a crash, both cars and both drivers are tossed into the local lockup until it gets sorted out. THEY know that system, why should they expect anything different here?

This whole business smacks of a deliberate attempt to subvert and weaken our society. Seven thousand killed a year by unlicensed drivers? return to the hook for all cars driven by unlicensed drivers and see how fast word gets round that driving without the license is not a good idea... and watch the death toll from these clowns drop so far it won't even be measurable any more.

Stupid Californians putting up with this garbage..... they return the same insane knotheads to "represent" them year after year. No wonder they're going broke.
1 year ago
1 year ago Link To Comment
If called to jury duty (I'm a CA resident) I will tell the judge I can not be impartial, I will refuse to convict anyone of any crime in CA. If the state of CA is going to aid and abet felons. Not to mentoin that they are promoting lawlessness and deliberately missing the opportunity to arrest and deport gangbangers/drivers who may go on to convict more serious crimes.

I can not in good conscience co-operate in convicting someone charged by a state which is aiding and abetting violations of the law by an entire class of people.
1 year ago
1 year ago Link To Comment
The People of California must really appreciate the way the state is being run by the Democrats because they keep electing them, election after election, to majorities in the State Houses, and to head the executive branch of state government.
1 year ago
1 year ago Link To Comment
I'm a native that left 20 years ago. I just lost my job due to sequestration and my brother called to tell me it was time for me to come home. My response was: Oh HELL no!

As I've decided to move to the Shenandoah Valley I invited him to come and visit me in my new paid for home! With acreage.
1 year ago
1 year ago Link To Comment
Your typical leftists will argue that your average illegal does not have traffic accidents at a rate higher than citizens so the 7,000 deaths are immaterial.

They argue that if we replaced the illegals with additional citizens Somehow in the same number that trafic deaths would not be higher due to them offending at the same rate.

I got this from a Low information voter who had illegal Mexican in-laws from Ohio.

The domestic arrangements of Democrats are more important than your lives or livelihoods.
1 year ago
1 year ago Link To Comment
"Your typical leftists will argue that your average illegal does not have traffic accidents at a rate higher than citizens so the 7,000 deaths are immaterial."

The logical conclusion of that argument would then be that it is a waste of time and money to license ANY drivers, since the licensing process obviously does not weed out unsafe drivers. If that is the case, the licensing function of the DMV should be eliminated, and all drivers should be allowed to drive without a license.
1 year ago
1 year ago Link To Comment
And why have a license anyway......all society needs is proof you have taken a safety course and know traffic laws..........a scanned fingerprint should be enough...
1 year ago
1 year ago Link To Comment
No need for the safety course and knowledge of traffic laws either; you think the illegals have complied with those rules?
1 year ago
1 year ago Link To Comment
Actually, the logical conclusion of saying we shouldn't enforce laws against a class of people is, we shouldn't enforce any laws. If the state will capriciously charge folks based on nationality, if the state will undermine federal law by aiding and abetting felons-- what's the point to a legal system anyway?
1 year ago
1 year ago Link To Comment
A few years ago, I was helping a friend run for political office and made
the mistake of posting one of his signs on a power pole. A cop happened
to be driving by and arrested me as posting signs on power poles is
illegal in that city. I had to appear in court and before the judge called
my name, an illegal alien was up before him for driving without a license.
The judge reprimanded him and let him go...no fine. When my case came
up the judge lectured me about power poles and signs and fined me
25 dollars.
1 year ago
1 year ago Link To Comment
You know, I can't think of a single thing that makes my US birthright an asset. If anything it is more of a hindrance since I seem to be looked at as a slave and revenue supplier.
1 year ago
1 year ago Link To Comment
As the father of the man killed in this story I can tell you that this entire issue on the Democratic side is about nothing but votes. However as I've learned on the Republican side it's about money. The Chamber of Commerce and many businesses like the hospitality industry, construction, food processing and of course agribusiness are pressuring Republicans to support the look the other way. They like the cheap labor and they like the wage depression it causes. When I testified against the drivers license bill (AB60) twice I was the or group who spoke in opposition and I'm the "proud liberal" (no longer a democrat). Where were the conservative voices and why did every republican on the assembly and senate transportation committees refuse to even ask the questions I supplied them with. Both side share the responsibility for this happening. The dems by their action and the repubs by their inaction.
1 year ago
1 year ago Link To Comment
Post a link to the questions........we need to know.. ;-)
1 year ago
1 year ago Link To Comment
My condolences for your loss and good luck in your advocacy. But I wouldn't be so hard on the Republicans with respect to this issue. As Fail Burton implies, they are check mated in so many ways that there is little they can do that doesn't involve political suicide. And businesses are really just reacting as businesses do in a free market. Once one gets an advantage from cheap labor then the others try to compete in the same way. If the immigration and labor laws were enforced, prices would rise and profitability would reset to provide a reasonable return on investment just as it does now. Also consumers are more than happy to pay less for food, dining, lodging, gardening, painting, etc. but they would adjust if the cheap labor could be suddenly deported - many of them seeing their wages rise in compensation.

No, the real problem here in CA is the unholy alliance between the Democrat Party, public employee unions, identity victim groups, crony capitalists and wealthy greens who have all sold their support in exchange for the servicing of their own special interest - leaving the elected politicians with carte blanche and no accountability for fairness, fiscal responsibility, logical thinking or maintaining a healthy economic climate in the state. The victims are the rest of us who (if we are lucky enough to have a job) toil in obscurity to pay the tab while wondering just how the promise of a good life in California disappeared for ourselves, our sons and daughters.
1 year ago
1 year ago Link To Comment
Sorry, the republicans in CA are just as guilty as the dems. Particularly the leadership which seem to think promoting lawlessness in this case is a winner with the hispanic voters, in addition to the business interests Don correctly mentions.
1 year ago
1 year ago Link To Comment
Our option is to refuse to cooperate in an unfair judicial system where the state is aiding and abetting felons. If called to jury duty, we should all just say we can not be impartial, we can't convict folks charged by a state which aids and abets felons.

Dems want lawlessness, lets give it to them.
1 year ago
1 year ago Link To Comment
I agree. But the GOP are like deer caught in headlights, accused of racism or misogyny coming and going, on Thursday and Saturday. Frankly, they have not found a way to combat it.

And it is also true that business rules our institutions, money. They do in fact like cheap labor, too many in the work force. However it's coming to bite them with the new calls for minimum wage. So many illegals are here that they are taking the jobs once reserved for teens. Teens don't have families to raise.
1 year ago
1 year ago Link To Comment
As in most things, this is not about "fairness" it is about power. California Democrats have come ot the conclusion that they can continue to rule the state indefinitely (with all that means) once the inevitable happens and all of the illegals in the state are transformed by the stroke of a Presidential pen into voting citizens. Anyone who believes that there is going to be a long-term "gradual road to citizenship" is deluding themselves. In the meantime the illegal element has to kept "sweet" with acts of contrition and "generosity" such as receiving a driver's license despite your current non-citizenship. There is also the question of auto insurance which I and everyone I know is required to have to enjoy the right to drive a car. This will not end well. My only hope is that I live long enough to see the day when guys like Jerry Brown and Gavin Newsome are told by the ex-illegals that they don't need them anymore.
1 year ago
1 year ago Link To Comment
Once a party like the Democrats get enough power to make the Republicans a rump party (like a rump state), the Democrats will break into factions and bicker among themselves. It is the nature of men.

With the Republicans vanquished does not mean happy days are here.
1 year ago
1 year ago Link To Comment
1 year ago
1 year ago Link To Comment
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