police right or wrong?

[Brandy4242]

What is the name of your state? California
I need legal advise. A car registered in my 20 yr old son's and my name was illegally impounded by local police for being left parked for more than 72 hours (was only parked for 48). Am currently in arbitration with the county to have police reimburse us for impound fees on this vehicle.

A few days ago, my son was speeding on his motorcycle and pulled over. He was ticked for speeding (15mph over speed limit), not having his driver's license in his possession, not having proof of insurance in his possession, and only having a motorcycle drivers permit (he had just purchased the bike). Even though the bike was registered to him and he could verify all information including his DL #, the police impounded the bike, as they said that without a picture ID, they could not be sure it was him They then left him in a very rough neighborhood to walk home at night. Since the cost of the ticket is more than $1600, he is unable to get his bike out of impound and will have to let the tow company lien it.

Although he was speeding and should of been ticketed for it, we feel that this was retaliation on the part of the police for the issue with the illegally impounded car.

Do we have any legal recourse?
Should be see a lawyer?
What type of lawyer?

 

[HomeGuru]

I disagree.
My response: wrong.

 

[JETX]

Q1) "Do we have any legal recourse?"
A1) Yes, but you have no basis for legal action without LOTS more information.

Q2) "Should be see a lawyer?"
A2) Of course. Lawyers have bills to pay. He might also be able to help you understand that you son is not mature enough to drive or to own a vehicle.

Q3) "What type of lawyer?"
A3) Preferably someone who has passed your states bar exam and is licensed to practice law in your state.

And I have a question..... Your son is 20 years old, so, who is the 'we' you refer to??

 

[calatty]

It is illegal to drive without a license and proof of insurance. Therefore, returning the bike to your son and letting him drive it home was not an option for the police. $1600 seems awfully high for a ticket.

 

[I AM ALWAYS LIABLE]

"$1600 seems awfully high for a ticket."


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My response:

Actually, no it's not. When you consider the base fines for the violations, AND add the California Government Code "enhancement" fee of 170% to the base fines, a violator can easily see how high their "end fine" will be.

IAAL