elizabeth414
Junior Member
What is the name of your state (only U.S. law)? California Los Angeles County
Denied Post Storage hearing after car impounded.?
I was driving my mothers car and had a suspended license unbeknownst to her. I was pulled over and her car was impounded for 30 days. The law states she can ask for a post impound hearing within 10 days of being notified . First time she called after 2 days and the watch commander told her she was not entitled to one and hung up on her. 2nd time she went in and was told she had too many vehicles registered to her and she was refused again being told she was not entitled to one.
VC 22852 (c) (c) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle.
She was denied the hearing twice. I have since got my license reinstated and we paid for her to get her car back after 27 days of storage along with towing fees, release fees, etc.
I believe she was denied due process by the sheriff's department as they decided she was not entitled to the hearing, regardless of weather or not she won the hearing or would have won the hearing after proving mitigating circumstances is not the issue, she wasn't allowed to a fair hearing as she was supposed to be entitled. Can she sue the Sheriff's department? for storage days 3 - 27 (she was denied hearing on day 3) plus other costs she incurred. What can she do and is this small claims? civil? how does she do this?
Denied Post Storage hearing after car impounded.?
I was driving my mothers car and had a suspended license unbeknownst to her. I was pulled over and her car was impounded for 30 days. The law states she can ask for a post impound hearing within 10 days of being notified . First time she called after 2 days and the watch commander told her she was not entitled to one and hung up on her. 2nd time she went in and was told she had too many vehicles registered to her and she was refused again being told she was not entitled to one.
VC 22852 (c) (c) The poststorage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle.
She was denied the hearing twice. I have since got my license reinstated and we paid for her to get her car back after 27 days of storage along with towing fees, release fees, etc.
I believe she was denied due process by the sheriff's department as they decided she was not entitled to the hearing, regardless of weather or not she won the hearing or would have won the hearing after proving mitigating circumstances is not the issue, she wasn't allowed to a fair hearing as she was supposed to be entitled. Can she sue the Sheriff's department? for storage days 3 - 27 (she was denied hearing on day 3) plus other costs she incurred. What can she do and is this small claims? civil? how does she do this?