Oakland California has my car.

[juvix8888]

I was arrested for possession of a controlled substance11/22/09. However 4 days went by and i did not see a judge. No charges were filed. Now Oakland Police (CA) say my car can not be released because I had no license. I have a valid MI license. But they say my CA license was suspended. How Is that true? When driving in another state my MI license was substantial. I've been trying to contact the arresting officer to no avail. I hoped he could give me a release form for the car or attend a tow hearing. I do not have a lawyer. But since no driving offense was charged to me and the other charges weren't filed, how is the hold still true? Also my phone is not in my property or in evidence, and I hoped the officer may know where it went. But I can't get my car, my phone or contact him now what?

 

[HighwayMan]

When driving in another state my MI license was substantial.

What the hell does that mean?

You are confusing driving license and privilege.

Your Michigan license can be fine but California suspended your privilege to drive in their state. So your license is valid in 49 states but you can't drive in California.

Get your driving privilege restored and maybe you can get your car back.

 

[HighwayMan]

You said in your other thread that the charges were dropped. How do you know that?

 

[juvix8888]

They stated that the DA chose not to file charges. I understand that they could file up to the statue of limitations. But how is my license suspended here but works well in all other states. California suspension only applies while I'm here. But if I had a mi license and it was suspended they would have counted that against me. But they didn't count its validity for me in this situation. And the only reason that suspension is on there is due to an unpaid ticket 2 years ago. While I was visiting once again the same area. I was pulled over and searched and ticketed for no front license plate. However, my vehicle and my license were registered and insured in michigan (where we only have a rear license plate). How was I suppose to argue a ticket like that at a hearing when I'm back in detroit. It was obvious that they were just issuing a ticket so it wasnt a complete waste of time. However, now that I'm back, if I go to court and that ticket in traffic court gets waived, and I pay whatever reinstatement fee for my california driving privelege (not my license since I don't have one here). Then the hold should be lifted on my vehicle? The girl I bought it from hadn't even switched the registration to my name yet. So there is no way to do this in a more timely fashion? Before the impound fee is worth more than the car. And as far as reaching the officer why can i not do this?

 

[CdwJava]

I was arrested for possession of a controlled substance11/22/09. However 4 days went by and i did not see a judge. No charges were filed. Now Oakland Police (CA) say my car can not be released because I had no license. I have a valid MI license. But they say my CA license was suspended. How Is that true? When driving in another state my MI license was substantial. I've been trying to contact the arresting officer to no avail. I hoped he could give me a release form for the car or attend a tow hearing. I do not have a lawyer. But since no driving offense was charged to me and the other charges weren't filed, how is the hold still true? Also my phone is not in my property or in evidence, and I hoped the officer may know where it went. But I can't get my car, my phone or contact him now what?

You can call the impounding agency and request to have an impound storage hearing. They will have to schedule it to occur within 48 hours.

The hold does not require that you be charged for the offense, only that your license status be suspended. I am assuming that your vehicle is being held pursuant to CVC 14602.6 which allows for a 30 day hold when a vehicle is impounded for driving on a suspended license.

If you request a hearing, they will have to arrange for it and they can tell you why the vehicle was impounded and why it is being held. You will also have an opportunity to try and get it released. But, if your license is suspended and that is why it is being held, you may be out of luck until 30 days has passed. And by then it could cost you about $2,000 to have it released.

Now, if you get a valid CA license back (or just get the suspension cleared), and they are holding the vehicle for 14602.6, then they would be required to release it.

 

[CdwJava]

The girl I bought it from hadn't even switched the registration to my name yet. So there is no way to do this in a more timely fashion? Before the impound fee is worth more than the car. And as far as reaching the officer why can i not do this?

Now this will be a problem! They can not release the car to you anyway! Only the registered or legal owner or their representative can attend a hearing or receive the car. So, you need to get the lady who owns the car to help you out with this or to transfer the title or registration ASAP. Until that happens, you really can't do much.

As for reaching the officer who impounded the car, that probably can't do you much good because it is no longer his or her call.

 

[Antigone*]

Then the hold should be lifted on my vehicle? The girl I bought it from hadn't even switched the registration to my name yet.

This isn't even your vehicle And your excuse of the girl not doing her due diligence is a crock. You didn't do your due diligence. Say buh-bye to the vehicles that was almost yours.

 

[Zigner]

Whatchya bet that Michigan wouldn't be happy knowing this guy got a license there while suspended in California?

 

[juvix8888]

Michigan doesn't give a damn. I have lived there a long time and have an exemplary driving record there. Only in this county have I had these issues.

The lady who sold me the car is my friend and she will be willing to due any of the above. So that is not an issue. The arresting officer would know where the hell my phone went, yes that would help. As well as giving up a report and the reason I was pulled over, to begin with. These would all help at the impound hearing. I was looking into that.

This was a complete misunderstanding. I had no idea my CA license would be under suspension. I thought if that ticket ever became a big issue I would be contacted in MI which is where that vehicle and my license were registered 2 years ago when it occured. However, being here i can go get my license cleared in this state because that one ticket (for no front plate) is waivable, I'm pretty sure given the circumstances.

But all of the bye bye to my car remarks aren't helping. If you don't have experience in these situations I'd appreciate it if the comments were left unsaid.

 

[juvix8888]

And it's not a crock it was a friend to friend sale and the registration could not be switched until I had insurance. I had no car so I had no insurance. So I had to get insurance first, which I did that Friday. However we could not plate it and register it until Monday. I was pulled over on Sunday night. Six houses down from where shes at. And it was West Oakland and a crime neighborhood. I was profiled and searched and they found allegra, prescription cold/allergy medicine. That my mother had given me when I was sick. Yes it was prescription I get it. But they had no reason to stop me and/or find it. I think that may have some relevance in the impound hearing.

 

[Zigner]

Michigan doesn't give a damn. I have lived there a long time and have an exemplary driving record there. Only in this county have I had these issues.

You have no clue...

The lady who sold me the car is my friend and she will be willing to due any of the above.

I'm sure she's happy to have such an irresponsible friend. I mean, it never was her responsibility to have the title transferred to the BUYER'S name

This was a complete misunderstanding. I had no idea my CA license would be under suspension. I thought if that ticket ever became a big issue I would be contacted in MI which is where that vehicle and my license were registered 2 years ago when it occured. However, being here i can go get my license cleared in this state because that one ticket (for no front plate) is waivable, I'm pretty sure given the circumstances.

Really? Do you have the proof of correction and a copy of the check showing you paid the fee in the appropriate time frame? Again, you have no clue...

But all of the bye bye to my car remarks aren't helping. If you don't have experience in these situations I'd appreciate it if the comments were left unsaid.

Oh, I'll betcha the folks who have responded DO have experience...just not on the same side of the window as you

 

[juvix8888]

I do have clue I was just in MI at the secretary of state and like 3 months ago. All was fine with my license there and my CA suspension was clearly in the system from 2 years ago. Although I was not sent notice, otherwise I would have schedule a traffic court hearing for a time when i would be back like now. I did not pay that ticket 2 years ago, I have a hearing scheduled in traffic court now. I am not going to be responsible for a no front plate ticket for a MI car that is not required to have one. I was on summer vacation. That ticket will be dropped. That was a police's man way to cite me when I looked no good but had nothing illegal on me. Except a bunch of cop watch reading material which he did not like. So he cited me for a plate. After that my license hold will be situated. I guess the main issue is that if my license clears then my 30 day hold may be removed?

 

[juvix8888]

And if those slick remarks are coming from experienced folks then I'd appreciate an experienced response. Not a mouthy one. I understand this is free but come on.

 

[Zigner]

I do have clue I was just in MI at the secretary of state and like 3 months ago. All was fine with my license there and my CA suspension was clearly in the system from 2 years ago.

Ahh, so you DID know you were driving on a suspended license


Oh, what a tangled web...

 

[juvix8888]

ON ANOTHER NOTE: There is 2 MI people on this login now....I'm a friend of no car guy....I have a ? about CCW's and qualifications in MI and or CA. I would like to know where to post it since it is a touchy subject on this forum.