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Sober driver - car impounded at dui checkpoint

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throttlehog

Junior Member
What is the name of your state (only U.S. law)? California, Solano County

At a DUI checkpoint Friday evening, I was cited for driving with a suspended license and my car was impounded for thirty days. I now learn of a fairly new law directing police to release vehicles taken from sober but unlicensed drivers at DUI checkpoints to a qualified representative of the owner. If a qualified driver is not present, the car must be released to one later at the impound lot. Does this mean that I can go to the tow yard with my qualified representative and retrieve my vehicle? Can I request an impound hearing to recover fees based on the fact that I was not given this option on the night in question?
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? California, Solano County

At a DUI checkpoint Friday evening, I was cited for driving with a suspended license and my car was impounded for thirty days. I now learn of a fairly new law directing police to release vehicles taken from sober but unlicensed drivers at DUI checkpoints to a qualified representative of the owner. If a qualified driver is not present, the car must be released to one later at the impound lot. Does this mean that I can go to the tow yard with my qualified representative and retrieve my vehicle? Can I request an impound hearing to recover fees based on the fact that I was not given this option on the night in question?
You were not simply unlicensed, you were suspended. If you were cited (i.e. "arrested") for driving while suspended, then the officer may impound the vehicle for up to 30 days.

The law you refer to is VC 2814.2:

During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owner's authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if he or she is a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and driver's license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officer's copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) of Section 22651, whether a notice to appear has been issued or not.​

You were NOT driving pursuant to VC 12500 (unlicensed), you were driving in violation of VC 14601 - a suspended license. The 30 day hold is pursuant to VC 22651(p) and 14602.6:

14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.​

You have 10 days to request a post-storage hearing, and that hearing must be offered to you within 48 hours (2 business days) of your request. However, if the vehicle was registered to you, there is no mandate that the vehicle be released to you prior to the expiration of the 30 days unless you obtain a valid license.

Do not expect the vehicle returned to you for 30 days.
 

throttlehog

Junior Member
You were not simply unlicensed, you were suspended. If you were cited (i.e. "arrested") for driving while suspended, then the officer may impound the vehicle for up to 30 days.

The law you refer to is VC 2814.2:

During the conduct of a sobriety checkpoint, if the law enforcement officer encounters a driver who is in violation of Section 12500, the law enforcement officer shall make a reasonable attempt to identify the registered owner of the vehicle. If the registered owner is present, or the officer is able to identify the registered owner and obtain the registered owner's authorization to release the motor vehicle to a licensed driver by the end of the checkpoint, the vehicle shall be released to either the registered owner of the vehicle if he or she is a licensed driver or to the licensed driver authorized by the registered owner of the vehicle. If a notice to appear is issued, the name and driver's license number of the licensed driver to whom the vehicle was released pursuant to this subdivision shall be listed on the officer's copy of the notice to appear issued to the unlicensed driver. When a vehicle cannot be released, the vehicle shall be removed pursuant to subdivision (p) of Section 22651, whether a notice to appear has been issued or not.​

You were NOT driving pursuant to VC 12500 (unlicensed), you were driving in violation of VC 14601 - a suspended license. The 30 day hold is pursuant to VC 22651(p) and 14602.6:

14602.6. (a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.​

You have 10 days to request a post-storage hearing, and that hearing must be offered to you within 48 hours (2 business days) of your request. However, if the vehicle was registered to you, there is no mandate that the vehicle be released to you prior to the expiration of the 30 days unless you obtain a valid license.

Do not expect the vehicle returned to you for 30 days.
Thank you. Although that is not what I was hoping to hear, it does save me the embarrassment of attempting to retrieve my car using that as my basis for argument. I will now proceed with my original course of action: head over to the courthouse first thing and request a hearing before the judge to fix this right and then ask for a release of the DMV hold.
 

CdwJava

Senior Member
Depending on the reason for the suspension, it might be possible to get the hold lifted when you schedule a new hearing. While I cannot say how this might occur or be requested, I do know it has happened (at least locally). I am my agency's hearing officer, and I have suggested that these driver's go to the courthouse to see what needs to be done to clear their license and on a couple of occasions they come back with a lifting of the hold and a temporary license from the DMV by the next day.

It really depends on why your license was suspended, I imagine. If only for an FTA, it might be possible. If for bad driving or a DUI, probably not.
 

throttlehog

Junior Member
Depending on the reason for the suspension, it might be possible to get the hold lifted when you schedule a new hearing. While I cannot say how this might occur or be requested, I do know it has happened (at least locally). I am my agency's hearing officer, and I have suggested that these driver's go to the courthouse to see what needs to be done to clear their license and on a couple of occasions they come back with a lifting of the hold and a temporary license from the DMV by the next day.

It really depends on why your license was suspended, I imagine. If only for an FTA, it might be possible. If for bad driving or a DUI, probably not.
I had hoped to do exactly that, but first need to get the hold info from the DMV. The officer who cited me mentioned something about an FTA, but I obviously need to know the details (case #'s & courthouse locations) before hightailing it over to the courthouse. The last thing I want to be, at this point, is unprepared. I have been on the phone ALL day with the Mandatory Actions Unit in Sacramento, and have still have yet to speak with someone - first two times I called I was on hold for 30 minutes and the line would disconnect. Subsequent phone calls resulted in the following: "The mandatory actions unit is experiencing an unusually high volume of calls, please call back later." CLICK

Possibly the worst thing that's going to be working against me is the fact that I'm in Solano County, which apparently has a reputation for being the worst traffic court in California - at least amongst lawyers (which you might already know, NorCal Sarge ;)).

I wasn't totally unproductive today... I did catch a ride to the PD and filled out a Hearing Impound form requesting that my vehicle be released to my SO, as he uses the vehicle as his primary transportation to work. I have little confidence that this will work, but I figured I'd give it a shot anyhow. I supposed to hear back from the Hearing Officer in two days. More notable is something very interesting occurred while I was there - two men came in requesting a vehicle release. The clerk informed them that the vehicle had a thirty day hold on it and the men told her that Officer N_ _L offered to help them and directed them to the PD lobby to retrieve their vehicle. I expected the clerk to laugh them out of the lobby, but instead she said that she needed some kind of note from the officer stating such and that she hoped to see them back tomorrow with said note in hand. My question is this: Does the impounding officer have the authority to release a vehicle early? And if not, what the heck had I just witnessed?
 

CdwJava

Senior Member
I had hoped to do exactly that, but first need to get the hold info from the DMV.
They can give you a printout which will include the convictions, holds and courts - but the courts will be numbered and not given by name, so you might have to work to find them if the DMV clerk doesn't have the list handy.

I have been on the phone ALL day with the Mandatory Actions Unit in Sacramento, and have still have yet to speak with someone - first two times I called I was on hold for 30 minutes and the line would disconnect. Subsequent phone calls resulted in the following: "The mandatory actions unit is experiencing an unusually high volume of calls, please call back later." CLICK
Getting a live body at ANY state office right now would be nothing short of a miracle. The budget cuts in Sacramento have devastated staffing levels at the DMV, the DOJ, and most regulatory agencies.

Possibly the worst thing that's going to be working against me is the fact that I'm in Solano County, which apparently has a reputation for being the worst traffic court in California - at least amongst lawyers (which you might already know, NorCal Sarge ;)).
I haven't heard that ... but, I deal with the courts on a different level than many people.

I did catch a ride to the PD and filled out a Hearing Impound form requesting that my vehicle be released to my SO, as he uses the vehicle as his primary transportation to work. I have little confidence that this will work, but I figured I'd give it a shot anyhow.
Is the vehicle also registered to him (i.e. to both of you)?

When you have the vehicle, how does he get to work?

it might be difficult to show that the vehicle is his primary transport if you have a second vehicle. And, if the vehicle is also registered to him and he is asked why he allowed you - a driver with a suspended license - to drive the car, he could be admitting to a misdemeanor.

I supposed to hear back from the Hearing Officer in two days. More notable is something very interesting occurred while I was there - two men came in requesting a vehicle release. The clerk informed them that the vehicle had a thirty day hold on it and the men told her that Officer N_ _L offered to help them and directed them to the PD lobby to retrieve their vehicle. I expected the clerk to laugh them out of the lobby, but instead she said that she needed some kind of note from the officer stating such and that she hoped to see them back tomorrow with said note in hand. My question is this: Does the impounding officer have the authority to release a vehicle early? And if not, what the heck had I just witnessed?
The agency CAN permit an officer to release a hold early if they choose ... it's a bad idea from a public perception standpoint because it can smack of favoritism or worse. In most agencies only the assigned hearing officer, or a certain supervisors or administrators can do this. In my agency it's me or the Chief - that's it.
 

throttlehog

Junior Member
[/QUOTE]The agency CAN permit an officer to release a hold early if they choose ... it's a bad idea from a public perception standpoint because it can smack of favoritism or worse. In most agencies only the assigned hearing officer, or a certain supervisors or administrators can do this. In my agency it's me or the Chief - that's it.[/QUOTE]

So, I got a phone call from the hearing officer today and, just as I expected, my request was denied. The hearing officer did say that if I get my license issues straightened out before 30 days, then she would release it early.

Now, if I can only get through to the DMV.
 

CdwJava

Senior Member
So, I got a phone call from the hearing officer today and, just as I expected, my request was denied. The hearing officer did say that if I get my license issues straightened out before 30 days, then she would release it early.

Now, if I can only get through to the DMV.
On a side note, I would have denied your request, too. And, the hearing officer is not so much being generous as following the law which REQUIRES she release it if your license is reinstated (though you'd still have to pay for the release and impound/storage fees).

Try going to your local DMV office. Doing this by phone is going to be a nightmare. Going TO the office (and you might be able to get an appointment - they make them online now, and you might get lucky) is the best way to get seen and get the info you want.
 

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