Office of Traffic Safety explains new impound law

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Registered vehicle owners must be present at checkpoints to avoid seizure of vehicles under a that limits police officers from impounding vehicles because motorists don't have driver's licenses.

That is what Chris Cochran, a spokesman for the California Office of Traffic Safety (OTS), told Patch in an interview.

According to Cochran, one of the main components of the law is that an owner registered with the Department of Motor Vehicles must be present at the checkpoint to prevent seizure of his or her vehicle. 

"We're conducting the same sobriety checks as before. The only change is the methodology for seizing and storing the vehicles," Cochran said.

He added the new law would not apply to people with suspended or revoked licenses or for routine traffic stops.

Officers who pull over unlicensed motorists at sobriety checkpoints will make reasonable attempts to identify the registered owners of the vehicles. If the registered owner confirms he or she authorized another licensed motorist to drive the vehicle before the sobriety checkpoint concludes, the vehicle will be returned to the authorized driver, Cochran said. 

Once the checkpoint is completed, any vehicle not recovered is impounded until the owner provides a vehicle registration and has available a driver with a valid license. In this case, the vehicle owner must still pay storage and transport costs, Cochran said.

A published Tuesday cited an investigation conducted by California Watch, which said $40 million in towing fees and police fines was raised as a result of impoundments in 2009. Cochran gave other figures.

"The OTS conducted a survey of 278 police departments in 2011. The results, as well as information from other sources, showed that the city collected an estimated $2.5 million in profits from the sobriety checkpoints, not $40 million," Cochran said.

The OTS spokesman also said the new law would have little effect on sobriety checkpoint operations conducted by police departments.

The 2011 OTS survey showed 43 percent of state police departments reported that impounded vehicles seized from unlicensed drivers were released within one day, not the 30 days prescribed by the previous law.