Car Impounded for 30 days

[jddean123]

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

Early this morning my car was impounded because, according to the officer, I willingly drove whilst knowing that my drivers license was suspended. I did not know that my license was suspended. As far as I knew the suspension was cleared because I sent in a payment on a traffic ticket I had received. According to the court dealing with that ticket, if I make a payment on the fine amount, then the suspension would not be applied. I made the payment a week ago and it shows in my bank account. What can I do to correct this problem and save me as much money as possible whilst still getting my car back? I also need the car back as soon as possible because I use it for work and if I can't work, no payments and most likely no money to get the car out.

Just FYI: I know that this officer partially targeted me because I am a stringer (news chaser) and I have a white Crown Victoria. Some cops are cool with the media, others aren't. This guy obviously disliked the media because I have been on many ride-alongs and the officers have pulled people over who KNEW that they had a suspended license, and they just cited them and let them drive home. I tried to negotiate with the officer as much as I could to get him to let me leave the car in the parking lot or have a friend come and pick it up and he said "We don't do that". I know for a fact that they can allow either because they have also done that on a few of my ride-alongs.

 

[I_Got_Banned]

Early this morning my car was impounded because, according to the officer, I willingly drove whilst knowing that my drivers license was suspended. I did not know that my license was suspended. As far as I knew the suspension was cleared because I sent in a payment on a traffic ticket I had received. According to the court dealing with that ticket, if I make a payment on the fine amount, then the suspension would not be applied.

Making a payment to the court, and while it will remove the hold off of your license, does not automatically cause you're driving privilege to be re-instated with the DMV. The suspension (hold) was already applied (notice was sent to the DMV) when you failed to appear/pay on your ticket. And making payment would only remove the hold.

What can I do to correct this problem and save me as much money as possible whilst still getting my car back?

You need to go to the DMV, pay them the $55 reinstatement fee, take/pass the written test, to get your license reinstated.

If you were cited for driving while unlicensed, then you can take proof that you had your license reinstated to court with you when you appear and your citation will be dismissed (after payment of a $25 administrative fee to the court).

As for getting your vehicle out of the impound, and again, after taking care of the matter with the DMV, you can contact the law enforcement agency the impounded the vehicle, and request that it be released (you'll have to pay them a release fee (it varies from agency to the next), take the release order to the tow yard, pay them for towing and storage fees and get your car out. Make sure that your vehicle registration is current and that you have valid proof of insurance, otherwise, your vehicle stays locked up until you can do that.

Just FYI: I know that this officer partially targeted me because I am a stringer (news chaser) and I have a white Crown Victoria. Some cops are cool with the media, others aren't. This guy obviously disliked the media because I have been on many ride-alongs and the officers have pulled people over who KNEW that they had a suspended license, and they just cited them and let them drive home. I tried to negotiate with the officer as much as I could to get him to let me leave the car in the parking lot or have a friend come and pick it up and he said "We don't do that". I know for a fact that they can allow either because they have also done that on a few of my ride-alongs.

California Vehicle Code Section 22651.

A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:

…
(p) When the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owner's or his or her agent's currently valid driver's license to operate the vehicle and proof of current vehicle registration, or upon order of a court.​

​

​

So assuming you were cited for any of the violations listed (underlined) in 22651(p), the officer did in fact have the authority to impound your vehicle... I'm not preview to the details of how long it would have taken for you to have someone else come by, where the vehicle would have been left, whether it would have been legally parked or not... amongst other factors... But the officer is not under any obligation to let you drive it home or elsewhere for that matter.

 

[CdwJava]

Did you yield in a public parking lot, or an offstreet parking facility open to the general public?

You may have grounds to contest the impound ... maybe. I will explain when I find out where you yielded, and, what violation(s) you were cited for.

 

[jddean123]

Did you yield in a public parking lot, or an offstreet parking facility open to the general public?

You may have grounds to contest the impound ... maybe. I will explain when I find out where you yielded, and, what violation(s) you were cited for.

It was a restaurant parking lot. Which I assume is a private parking lot and is technically neither.

 

[FlyingRon]

It was a restaurant parking lot. Which I assume is a private parking lot and is technically neither.

Nope, if it was self park, it was open to the public.

 

[CdwJava]

In CA we not only have to have the statutory authority to impound a vehicle (and having a suspended license is a valid reason per CVC 22651(p) and CVC 14602.6), we also have to have a community caretaking function.

The Ninth Circuit Court of Appeals and one California state appellate court have rules that the mere statutory authority for impounds is insufficient, by itself, to justify an impound. These courts additionally require a separate and independent justification for the impound under the "community caretaking" exception to the warrant requirement. (Miranda (9th Cir. 2005) 429 F.3d 858; Williams (2006) 145 Cal.App.4th 756)

Being parked in a parking lot might be outside the scope of that community caretaking function.

You have ten days from the time of impound to request an impound hearing from the agency that towed the car. They are then required to offer you that hearing within 48 hours (two business days). It is at that hearing that you would point out Williams and articulate why there was no community caretaking need to impound your car. Now, they may counter with some other reasonable argument such as the location being unsafe to leave the vehicle, the fact that the property owner would not want your car there, or that you could easily return to retrieve the vehicle, but at least the hearing will force them to take a position on the authority of the impound.

I suspect that if they try they can provide ample justification for the impound, but you really have nothing else to go on if you want to retrieve it prior to 30 days being up. Plus! if you obtain a valid license before the 30 days is up, they are required by statute to release it back to you.

 

[jddean123]

In CA we not only have to have the statutory authority to impound a vehicle (and having a suspended license is a valid reason per CVC 22651(p) and CVC 14602.6), we also have to have a community caretaking function.

The Ninth Circuit Court of Appeals and one California state appellate court have rules that the mere statutory authority for impounds is insufficient, by itself, to justify an impound. These courts additionally require a separate and independent justification for the impound under the "community caretaking" exception to the warrant requirement. (Miranda (9th Cir. 2005) 429 F.3d 858; Williams (2006) 145 Cal.App.4th 756)

Being parked in a parking lot might be outside the scope of that community caretaking function.

You have ten days from the time of impound to request an impound hearing from the agency that towed the car. They are then required to offer you that hearing within 48 hours (two business days). It is at that hearing that you would point out Williams and articulate why there was no community caretaking need to impound your car. Now, they may counter with some other reasonable argument such as the location being unsafe to leave the vehicle, the fact that the property owner would not want your car there, or that you could easily return to retrieve the vehicle, but at least the hearing will force them to take a position on the authority of the impound.

I suspect that if they try they can provide ample justification for the impound, but you really have nothing else to go on if you want to retrieve it prior to 30 days being up. Plus! if you obtain a valid license before the 30 days is up, they are required by statute to release it back to you.

Thank you for that information. I have spent the majority of the day trying to get a hold of someone at the Shasta Court Traffic Division. Only way I have been able to get any response is through e-mail, which is not the fastest.

Just wondering, while I'm at it. Will this cause problems if I plan on attempting to become an officer? This problem couldn't have come at a worse time too, because I had just applied for the local PD Explorer Program.

 

[CdwJava]

Thank you for that information. I have spent the majority of the day trying to get a hold of someone at the Shasta Court Traffic Division. Only way I have been able to get any response is through e-mail, which is not the fastest.

The impound hearing is through the law enforcement agency that had the car towed, NOT the court. Call the agency, not the courthouse to ask for the hearing.

Just wondering, while I'm at it. Will this cause problems if I plan on attempting to become an officer? This problem couldn't have come at a worse time too, because I had just applied for the local PD Explorer Program.

It should not be a problem asserting your rights to a hearing. However, having a suspended driver's license demonstrates a lack of responsibility and will play against you when applying as an officer even if it is some years down the road. An agency will have to weight this big "Oops!" against whatever you might have done to show your responsibility in the intervening time period. Three to five years - and a steady and reliable history of work and school - should allow you to put this behind you readily. Less than that, and the suspension likely becomes a millstone around your neck.

 

[jddean123]

The impound hearing is through the law enforcement agency that had the car towed, NOT the court. Call the agency, not the courthouse to ask for the hearing.

I need to contact the Shasta Court Traffic Division to figure out why the suspension was not lifted.

 

[CdwJava]

I need to contact the Shasta Court Traffic Division to figure out why the suspension was not lifted.

Once the license is suspended it is not automatically cleared by paying the fine. You not only have to clear the hold by the court, you have to then go to the DMV to get your license reinstated. This is not going to help you get the car out within 30 days.

Unless you can get the court and the DMV to agree that someone at their end made a mistake (and that is not likely) your car is going to be in impound for 30 days.

Like I said, if you can get a valid license, they are required to release it. So, get the clearance from the court,go to the DMV, and get that reinstated license.

 

[jddean123]

Once the license is suspended it is not automatically cleared by paying the fine. You not only have to clear the hold by the court, you have to then go to the DMV to get your license reinstated. This is not going to help you get the car out within 30 days.

Unless you can get the court and the DMV to agree that someone at their end made a mistake (and that is not likely) your car is going to be in impound for 30 days.

Like I said, if you can get a valid license, they are required to release it. So, get the clearance from the court,go to the DMV, and get that reinstated license.

Thank you SO much for all of this information. One thing that is interesting is that the officer also cited me for CA VC 26708(2) for my dash cam saying that it was obstructing my view.

I don't know as to which section he is referring to:

26708 (a) (2) A person shall not drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle that obstructs or reduces the driver’s clear view through the windshield or side windows.

OR

26708 (b) (2) Adjustable nontransparent sunvisors that are mounted forward of the side windows and are not attached to the glass.

It is just cited as 26708 (2) which is not in the section. It is also marked as a non-correctable violation? To clear this violation I am going to have to take a photo from the drivers seat to show that it is in no way an obstruction.

Do I have to go to the Post-Tow Hearing no matter what to get the car out early? If so, I get to move my work schedule around for it.

 

[CdwJava]

If you want to make an argument for the early release of your car, yes, you need to schedule the post-impound hearing. If you can go in with a clear and valid license, they must release it.

As for the 26708 cite, it may be amended by the officer or the agency. If the court kicks it back for failing to list the proper subsection, the agency will likely amend it. If they do not, and it goes to court as you say it is written, it should be pretty hard to defeat on the fact that no such section exists and as written it does not allow you to mount a defense. In case the court decides to proceed anyway, I'd be ready to argue the 26708(a)(2).

 

[jddean123]

I have just been denied a post-tow hearing by the Antioch Police department. ??

 

[I_Got_Banned]

I have just been denied a post-tow hearing by the Antioch Police department. ??

And the reason they denied it iiiis... What?

 

[CdwJava]

I have just been denied a post-tow hearing by the Antioch Police department. ??

Odd ... they cannot generally deny this. You still appear to be within the 10 day window. Have you asked them the reason they are not permitting a hearing when both CVC 14602.6 and 22852 says they shall provide you with one when a vehicle is impounded for 30 days pursuant to CVC 14602.6?

They are digging a hole for themselves if they refuse you something that is required by law.