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Friday, August 11, 2006
Debra J. Saunders :: Townhall.com Columnist
No license, behind the wheel
by Debra J. Saunders
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Then again, Pomona apparently doesn't need SB626 to exert local control and issue a reduced penalty.

I asked Whitney if he believed people should drive without a license. He answered no. Should they drive without insurance? He said no, again.

Then what should the punishment be? Whitney did not want to answer, but he finally said, impounding a car for one day.

Great. One day. So the next day, an unlicensed driver can pick up the car and drive without a license or insurance, secure in the knowledge that there is a not much of a penalty for doing so. L.A. County Sheriff Lee Baca opposed SB626. Bilowit explained that a one-day impoundment makes breaking the law cheap and easy.

While Gov. Arnold Schwarzenegger's office has no official position on SB626, he did veto a similar bill in 2005, noting that such legislation "would send a message to unlicensed drivers that it is acceptable to break the law." The pro-illegal immigrant lobby likes to complain that the law sends mixed messages to illegal immigrants. Then they push for laws -- like a slap on the wrist for driving without a license -- that muddle the message again. I have to ask: If California lawmakers don't respect the law, why should California voters respect their lawmakers?

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Pirate: re due process
You raised an interesting point, which I'd like to address, at least from the Kalifornia perspective.

To drive in this state, you agree to several things that may be considered anticipatory to the outcome of a criminal proceeding. There are several presumptives in play, which may help clarify. Further, the case can (and I believe has) been made that even if a driver is unlicensed, the very act of driving implies consent to the rules. Otherwise, of course, any unlicensed driver could claim immunity from prosecution for any traffic or driving-related offense.

For instance, if you're stopped for investigation of DUI, it is certainly within your right to refuse the field sobriety and/or any other tests. But the law states that you will automatically have your license suspended for one year for doing so.

Obviously, without the evidence of the FST and/or BAC test, the case can't be made in court that you were under the influence. So the law has, in effect, made your refusal prima facie evidence of guilt, and mandated a penalty on that assumption.

Further, licensure actions are seperate administrative actions, not considered criminal sanctions, administered by the DMV.

The car seizure can, in many respects, be considered analogous to the towing of a car found to be one with many unpaid tickets; in other jurisdictions, the so called "Denver Boot". The action against the property is taken before the case against the human has even reached court.

I hope that helps.

This drives me crazy!
Being a SoCal Republican is like being a psychiatrist imprisoned by inmates in an insane asylum.
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