Do I have a chance at post storage hearing??

[Tulipsar3better]

What is the name of your state (only U.S. law)? California

I live in So Cal.

My car was impounded as "Driver Arrested" when the person arrested wasn't even driving and wouldn't let me park it, as their initial reason was for registration being past due, but changed once they realized it wasn't in excess of 6 months.

My husband was arrested on a misdemeanor bench warrant we were unaware of (no one ever is right?) because the notice to appear was sent to an address we had not lived at for more than a year. His correct address had been on file with the DMV for at least 10 months (however the bench warrant was not traffic related).

I asked repeatedly to park the car instead of towing it they the city police said they were impounding it because the registration was past due, but according to CVC §22651(o)(1)(A) this should only be done when in excess of 6 months and it was not. So my guess is that's why they changed it to "driver arrested", and if that were the actual case, why would I not be allowed to park a vehicle that is registered in my name only?


My question is do I have a chance at prevailing at a post storage hearing? I have been trying to get the money to get it out since June 26 but I live in that car that was towed so obviously I am having a hard time monetarily.

 

[quincy]

What is the name of your state (only U.S. law)? California

I live in So Cal.

My car was impounded as "Driver Arrested" when the person arrested wasn't even driving and wouldn't let me park it, as their initial reason was for registration being past due, but changed once they realized it wasn't in excess of 6 months.

My husband was arrested on a misdemeanor bench warrant we were unaware of (no one ever is right?) because the notice to appear was sent to an address we had not lived at for more than a year. His correct address had been on file with the DMV for at least 10 months (however the bench warrant was not traffic related).

I asked repeatedly to park the car instead of towing it they the city police said they were impounding it because the registration was past due, but according to CVC §22651(o)(1)(A) this should only be done when in excess of 6 months and it was not. So my guess is that's why they changed it to "driver arrested", and if that were the actual case, why would I not be allowed to park a vehicle that is registered in my name only?


My question is do I have a chance at prevailing at a post storage hearing? I have been trying to get the money to get it out since June 26 but I live in that car that was towed so obviously I am having a hard time monetarily.

Where was the car, where was your husband and where were you when the police stopped by to arrest your husband on the misdemeanor bench warrant and subsequently tow your car?

It appears that your car was not parked (or, at least, it was not parked legally) and your husband apparently was somewhere in the vicinity of the unparked/illegally parked car.