30 Day Impound (CALIFORNIA)

[afterburn]

What is the name of your state? CALIFORNIA

I was wondering if there is a petetion for a 30 day impound on a car that was impounded because of an unlicensed driver.

My cousin took my moms car to take my sister to buy some batteries, they were stopped by the police and the car was taken away because of that. I heard we can file a pe@@@ion to get the car back a bit earlier than the 30 day impound.

Can you guys help us?

[CdwJava]

What is the name of your state? CALIFORNIA

I was wondering if there is a petetion for a 30 day impound on a car that was impounded because of an unlicensed driver.

My cousin took my moms car to take my sister to buy some batteries, they were stopped by the police and the car was taken away because of that. I heard we can file a pe@@@ion to get the car back a bit earlier than the 30 day impound.

Can you guys help us?

The registered owner has to contact the impounding agency and request an impound hearing if they wish to have it released before 30 days is up. However, it can be tough unless the unlicensed driver stole the car ... in which case, the police might ask for her to pursue auto theft charges.

In CA the owner of a vehicle must make a reasonable effort to determine the license status of a driver. Failure to do that may not buy any sympathy with the hearing officer.

However, all agencies are different and some are more sympathetic than others. Me, I've only released one that I was not mandated to release under the law... and that was with a lot of conditions attached and took my Chief to convince me to allow.

If your cousin goes out and gets his valid license, that should solve the problem.

- Carl

[The Occultist]

I heard we can file a pe@@@ion

Um, mods? Any way we can get that filter double-checked? Please? I mean, we all know what those 3 missing letters are, but I don't exactly find them offensive in this context...

[racer72]

Is that a petition?
I'm thinking the OP typed it that way.

[afterburn]

Would my mother have to go to court and plead the judge to release the car? If so, what fees does she see coming her way.

[CdwJava]

Would my mother have to go to court and plead the judge to release the car? If so, what fees does she see coming her way.

No, she goes to the agency for the impound hearing. If they deny her, she can appeal it within the agency, and THEn she can try to go to court after that. But, the first step is to schedule that hearing with the agency. Usually, it is required within 10 days of notice of the impound, but many agencies will grant a good deal of leeway.

As for fees coming her way, she can sue the driver of the car for compensation of the fees. She can expect to pay about $200 plus about $50 per day, plus whatever the release fee for the agency might be.

- Carl

[afterburn]

So the impound agency would be the police or the actual IMPOUND Yard?
Sorry if im making this hard for you, just making sure. And no, my mom does not want to sue my cousin, he is already in bigger trouble and my mom is responsible for the car and will be responsible for the fees. Im translating this to her in spanish.

[CdwJava]

So the impound agency would be the police or the actual IMPOUND Yard?

The agency that employed the officer authorizing the impound is the agency where the tow hearing must be requested. To illustrate, if an officer from Rivertown PD ordered the car impounded, a call would have to be made to the Rivertown PD to request an impound hearing.

The towing yard holding the car does NOT do hearings.

And no, my mom does not want to sue my cousin, he is already in bigger trouble and my mom is responsible for the car and will be responsible for the fees. Im translating this to her in spanish.

As I mentioned, your mom can ask for its release, but it's a little worse than 50/50 that they will release it prior to 30 days. Unlicensed driving is a big problem and is a source of many accidents, and many collisions for which parties are uncompensated (unlicensed also tends to mean uninsured) and this becomes a huge drain on everyone else. Unless the driver stole the keys from her without her permission and had never had prior permission to drive the car, it is very unlikely they will release the car early. But, it does NOT hurt to ask, and she can at least give it a shot. She needs to call for a hearing first thing Monday.

- Carl

[afterburn]

Oh okay, yes because the officer of FPD requested an impound on the car, he would have called what? The Actually Police department or the court?

And yes, we are wanting to get the car out as soon as possible, the daily storage fee is $30 and the towing was $125.99 and finally the release fee for the PD is $120.

Would she have to pay anything for the Hearing from the Agency?

[CdwJava]

Oh okay, yes because the officer of FPD requested an impound on the car, he would have called what? The Actually Police department or the court?

The impounding officer only has to complete a form - typically called a CHP 180. A copy of this form goes to the agency, a copy to the tow company, and a portion of it eventually gets mailed or provided to the registered and legal owners as listed on the registration.

The officer does NOT have to contact the court before an impound.

And yes, we are wanting to get the car out as soon as possible, the daily storage fee is $30 and the towing was $125.99 and finally the release fee for the PD is $120.

Not too bad on the daily fee and tow - you're lucky.

Would she have to pay anything for the Hearing from the Agency?

I don't know of any law that allows the agency to compel a fee to have the hearing. The hearing is a process required under the law, so if they tried to require a fee I would think they could get spanked by a court.

If she is going to go, I recommend a translator go with her, along with at least a second licensed driver. The second licensed driver (assuming the owner also has a valid license) is because if they do release it they typically want to see that a licensed driver drove them to the agency for the release and then to the tow yard to retrieve the car.

- Carl

[afterburn]

Thank you and I appreciate all your help! I'll give you an update on this.

[Drewbo]

cdwJAva,

I am helping a friend out with the same issue that Afterburn has.
Long story short, my friend's recent ex-husband turned her car over from joint ownership to her and never sent her the title. Trying to register it was one long hurdle after another, and she missed the registration date while waiting for the DMV to send the new title.

They impounded the car. I am looking for the number to call to set up a hearing and there is no number on the CHP 180 form.

The only number that is on it is hand written along with an address under the TOWING/STORAGE CONCERN. Is this what you are referring to as the Storing Agency?

The TOWED TO/STORED AT is the same address as above.

Also, in the STORAGE AUTHORITY/REASON, the officer wrote "Suspended License- 30 day hold". She has never had a suspended license. Will this help us to get the car released?

I appreciate your help for me, the clueless.

[CdwJava]

cdwJAva,

I am helping a friend out with the same issue that Afterburn has.

It is best to start your own thread instead of necroposting. So, if you have any additional questions, please start a new thread.

They impounded the car. I am looking for the number to call to set up a hearing and there is no number on the CHP 180 form.

The agency that impounded the vehicle is the agency to call. If it is the XYZ Police Department, you call that agency and ask to make an appointment for an impound hearing.

Unfortunately, if the registration is expired the registration will have to be paid before it will be released. Or, absent that, a Permit of Non-Operation (aka a PNO) will have to be obtained from the DMV and a tow truck will have to be hired to transport it to some private property somewhere.

The only number that is on it is hand written along with an address under the TOWING/STORAGE CONCERN. Is this what you are referring to as the Storing Agency?

Th storing agency is the law enforcement agency authorizing the impound.

Also, in the STORAGE AUTHORITY/REASON, the officer wrote "Suspended License- 30 day hold". She has never had a suspended license. Will this help us to get the car released?

Oops! Suspended? What is the code section for the authority? VC 22651(p)? VC 14602.6?

If she never had a driver's license, or, it is suspended, then it can be held for up to 30 days. However, if the registered owner can successfully articulate that they made reasonable inquiry to the license status then the agency will probably have little choice but to return the car ... IF the registration is paid up.


- Carl