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  1. #1
    kit-kat84 is offline Junior Member
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    vehicel impounded

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

    on friday august 12th 2011, i awoke at about 2am to find that i had 6 missed calls from my ex- mother in-law, on several messages she stated that my ex- boyfriend had been arrested while driving my vechicel. i immidetaily went to my driveway only to find that my car was not parked where i left it. i then contacted the San Bernardino police department. who told me that they had impounded my vechicel and placed a 30 day hold on it, when i told the officer that my car was taken without my permission, the officer asked if my ex had ever been given permission to drive my car. i stated yes the day i bought it my ex and about 5 of my friends drove it. he stated that since my ex had been allowed to drive my car in the past it is consider implied consent and the hold would not be lifted do to the fact that he was driving on a suspended license. , i told the officer that my 8 year old son let my ex into my home without my knowledge and i hadn't given anyone permission to take my vehicle, long story short after explaining the situation in a impound hearing the police aren't willing to lift the hold, i don't know what to do. My car is a brand new 2011 Chevy Malibu, i haven't even had it a whole month
  2. #2
    OHRoadwarrior is offline Senior Member
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    [url=http://www.chp.ca.gov/html/impound.html]Most Common Equipment Violations[/url]

    Here are all your answers.
  3. #3
    kit-kat84 is offline Junior Member
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    thanks anything helps i am as all u know what.
  4. #4
    OHRoadwarrior is offline Senior Member
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    It seems your best option here is this...

    If, in fact, it is determined that your car was taken by an unlicensed driver without your knowledge or permission, a stolen vehicle report must be filed. The person charged with this crime will be arrested.

    Your car will be stored at a tow yard and you will be given a receipt. If you disagree with the officer, you may request an informal hearing with the California Highway Patrol Area commander to determine whether the officer had reasonable cause to impound the vehicle.

    If you call and offer to press charges, the commander may release your car.
  5. #5
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    [url=http://www.chp.ca.gov/html/impound.html]Most Common Equipment Violations[/url]

    Here are all your answers.
    WOW... that link was thorough.



    OMG If I lived in CA I would have had several cars forfeited. thats steep. Does the proceeds go back into the highway patrol?

    I once had 5 sets on the works no ins, un reg, unlic, no inspect, taillight out. I believe my lawyer broke it down to where I would only be convicted of ONE of the 37 repeating tickets, the fine and fee which came out to 120.00, and a lawyer 400.00


    http://www.chp.ca.gov/html/impound.html

    CA is rough with you guys!!!
    Last edited by Banned_Princess; 08-16-2011 at 08:41 PM.
  6. #6
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by Banned_Princess View Post
    WOW... that link was thorough.



    OMG If I lived in CA I would have had several cars forfeited.
    LOL, I like the smart, incorrigible types.
  7. #7
    Banned_Princess is offline Senior Member
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    mmmmmhmmmp. that is a acurate assesment of me.


    ::sneekyeyeglare::
  8. #8
    CdwJava is online now Senior Member
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    Quote Originally Posted by OHRoadwarrior View Post
    It seems your best option here is this...

    If, in fact, it is determined that your car was taken by an unlicensed driver without your knowledge or permission, a stolen vehicle report must be filed. The person charged with this crime will be arrested.

    Your car will be stored at a tow yard and you will be given a receipt. If you disagree with the officer, you may request an informal hearing with the California Highway Patrol Area commander to determine whether the officer had reasonable cause to impound the vehicle.

    If you call and offer to press charges, the commander may release your car.
    Unfortunately, it was not the CHP that impounded the car, but apparently the San Bernardino PD.

    That being said, the process is much the same, only the agency involved is not.

    Kit-Kat84, you can call the law enforcement agency where you live and ask to make a stolen vehicle report. That should start that particular ball rolling and allow you to retrieve it before the 30 days is up.

    However, here are the questions you will have to answer:

    Who let the ex inside? If the 8-year-old, where were you? Will the 8-year-old admit to letting the man in?

    How did the ex get the car keys?

    Why didn't you report this as a stolen vehicle immediately?

    When was the last time you saw the ex? When was the last time he was at your residence?

    What will the ex likely say about the keys and permission?

    As a note, the police do not HAVE to enter the vehicle as stolen all because the report is made. While likely, depending on the facts it may be seen as a civil issue and not theft. However, if you sign the CHP 180 (which is the form most agencies use) then you are stating that the facts are true and if they are later to be proven as untrue you could be prosecuted for a false report.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    randomguy is offline Member
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    I suggest you call a lawyer and have him write up threatening letter that pd will be sued if they do not release your car the same day.
  10. #10
    CSO286 is online now Senior Member
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    Quote Originally Posted by randomguy View Post
    I suggest you call a lawyer and have him write up threatening letter that pd will be sued if they do not release your car the same day.
    I suggest you hush your muffin.
  11. #11
    CdwJava is online now Senior Member
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    Quote Originally Posted by randomguy View Post
    I suggest you call a lawyer and have him write up threatening letter that pd will be sued if they do not release your car the same day.
    Which would accomplish nothing as the statutes are pretty clear on the issue.

    The impounding agency is not the agency that would be taking the stolen vehicle report unless the vehicle was stolen from within their jurisdiction, and that might not be possible depending on all the facts of the case.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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