http://www.thedenverdailynews.com/article.php?aID=1313
Targeting illegal drivers
Council will weigh resolution opposing car impound measure
Peter Marcus, DDN Staff Writer
Monday, July 28, 2008
The Denver City Council will raise a proclamation tonight that would express
opposition to a ballot initiative that asks Denver voters to authorize
police to impound cars driven by illegal immigrants.
Spearheaded by Councilman Paul Lopez, the proclamation is the first in four
years that asks the Council to oppose a citizens initiative, according to
Kelly Vélez, City Council secretary. On July 12, 2004, the Council voted to
oppose an initiative that would have banned all circuses in the City and
County of Denver.
Lopez said the Council should oppose Initiative 100, which voters will see
in August, because it is unnecessary and would place a strain on police
resources. He already has the support of his colleagues Councilman Rick
Garcia and Councilwoman Judy Montero.
Its a drain on our resources, he said. Its also a safety issue in the
fact that it threatens our safety as a city because it takes substantial
police time away from where it should be. Rather than having police going
after habitual vehicle offenses and things like DUIs, well have police
officers having to impound unlicensed drivers and have to wait for a tow
truck.
Faatz to oppose
Councilwoman Jeanne Faatz said she will vote against the proclamation
because stronger steps are needed to prevent unlicensed and uninsured
drivers from getting behind the wheel.
I believe this initiative has merit, she said, adding that 85 percent of
respondents to a survey in her district supported Initiative 100.
I-100s lead proponent, Daniel Hayes, said the purpose of his bill is
actually to create a safer city by removing unlicensed and uninsured drivers
and illegal aliens from the road.
Rather than giving them a slap on the wrist
if youre driving without a
drivers license this means to say your car will be towed, period, he said.
The amendment would add the term illegal alien to the citys current code
concerning driving without a license. Hayes said the amendment would help
ensure that illegal aliens are not offered the ability to drive. In order
for an impounded motor vehicle to be released, drivers would need to post a
$2,500 bond within 30 days of impoundment. The bond would be held for one
year and forfeited to the city if an unlicensed driver in Colorado drives
the vehicle within the year.
Opponents argue that the police department already has the authority to
impound a vehicle that is being driven by a person without a drivers
license. Lopez added that police officers would not be properly trained to
identify an illegal alien. The measure would allow police officers to
impound vehicles even if the driver is only suspected of being an illegal
alien.
If the driver only has a license from another country then they would be
issued a notice of pending impoundment requiring proof within 30 days that
they are a legal resident.
Exception
An exception to the law would be if the driver provides convincing
corroborating identification that they are a legal resident. The driver
would receive a citation but would have three days to prove that they are a
legal resident with a valid drivers license.
Lopez does not buy the argument that the initiative would decrease illegal
alien activity in Denver.
There is a need to fix our broken immigration system, but this is not the
way to do it. Profiling individuals is not the way to do it, he said. We
have to pass fair, comprehensive immigration reform at the federal level.
Meanwhile, Hayes said the City Council should stay away from voting on his
initiative and instead let voters have a crack at it first.
It hasnt even passed yet, he said. I dont understand why theyd get
involved in this. Just leave it up to the voters. (....and the workings of
the ACLU)
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