Petaluma Police Department Scales Back Impound Rule

This article was updated Saturday, March 5.

After years of criticism by immigrant rights groups that the county’s car impound policy is too strict, several cities, including Petaluma will give officers more discrepancy when stopping unlicensed drivers.

Starting last week, Petaluma patrol officers will be briefed on new procedures in dealing with drivers who are found without a license, according to Police Chief Dan Fish. The changed policy focuses only on first time violations by unlicensed drivers and gives officers the option to have the car towed and stowed, but available to be retrieved the same day.

Another option is asking the unlicensed driver to call someone who has a license to pick up the car or simply let the first time violator drive away.

“It’s not us trying to be easy on the drivers, it’s us trying to follow the current state of the law, the interpretation that is given to use by lawyers who guide us in law enforcement techniques,” Fish said. “But really, it’s something we are already doing, only now it’s being written down into our policies.”

Although the 30-day impound rule is still on California’s books, immigrant rights groups such as the North Bay Sponsoring Committee have criticized the law because it has disproportionately impacted undocumented people who are not allowed to obtain drivers licenses. Fines for towed cars can accumulate to more than $2,000 a month.

Pastor Blythe Sawyer of , a member of the North Bay Sponsoring Committee, which has been a staunch advocate of immigrant rights, said the group was trying to set up meetings with the police department in order to understand the implications of the new policy.

"The reality is public transportation where we live is not sufficient, so we've been asking the police department, within the law, we're not asking anyone to break the law, but within the law, what is possible?"

One area of compromise appears to be the length of time a car is impounded, as 30 days is the maximum penalty for driving without a license.

Fish stressed that the change was not so much a compromise with the immigrant groups, but the result of guidelines issued by the National Traffic Safety Administration (NITSA), a national organization that issues best practices to law enforcement agencies around the country.

“Really, this change is about us trying to make sure that we are well within the rules, so one day we don’t find ourselves outside the rules and have to quickly change everything,” Fish said.

Only three states—Utah, Washington and New Mexico—allow undocumented people to apply for and receive drivers licenses. Immigrant advocates say the inability of people to have drivers licenses prevents them from purchasing insurance and puts all drivers at risk by making them more likely to flee the scene of an accident.

Critics say allowing undocumented people to obtain licenses is tantamount to awarding them for breaking the law.