30 day impound of vehicle

[Hanna Montana]

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

I let my friend borrow my car, and she was stopped by sheriff's and my vehicle was placed in a 30 day impound because her license was suspended due to an unpaid traffic ticket. I received notice in the mail that within 10 days I could request a hearing with the sheriff department to contest the 30 day impound. I did this immediately (well within the 10 day period). The sheriff department then informed me that a hearing would be conducted within 48 hours from the time I made the request, as required by law. I made the request on Monday morning. The sheriff department informed me that they had 48 hours from that time to conduct the hearing. 60 hours went by, and I contacted the sheriff department and inquired on what was taking so long? The receptionist at the sheriff department told me to wait, and an officer should be contacting me "sometime very shortly". Seven days after I made the request, the sheriff department finally conducted the hearing regarding my vehicles impound. I objected during the hearing that the sheriff department was illegally holding my vehicle because they did not conduct the hearing within a reasonable amount of time and they should immediately release my car back to me. The sheriff department refused and continued the 30 impound, stating that they were back logged and that the delay was merely technical oversight. It is going to cost me nearly $3,000 dollars to get my car back. The sheriff department was required under California law to conduct a hearing within 48 hours of my request. [Reference CVC 14602.6 and CVC 22852].
My questions are as follows:

1.) QUESTION 1: Should I be entitled to have my vehicle released back to me because the sheriff department failed to conduct the hearing within the 48 hour time frame they are required to under statute? It took them 5 business days to conduct the hearing, during which time, the fee's were adding up. I mean the requirement of the law enforcement to act swiftly within the 48 hours is there to protect the civilians. I feel the delay acts as a waiver on the part of the sheriff to defend the impound. Especially since the law automatically imposes the impound without any due process on my part and acts as a conviction for driving without a license prior to a judicial hearing.

2.) QUESTION 2: How do I appeal the sheriff departments decision? Who do I address the appeal to, and where do I file it? Does anyone know how long I have to appeal? (Member: CDwjava might know this question?)

3.) QUESTION 3: I am poor, no spouse, and 3 children to take care of. I cannot afford the (near) $3,000 bill the tow yard is requiring me to pay in order to get my car back. The vehicle is fully insured. Someone suggested to me that my insurance company might be required to pay for the impound fee and release charges, under law? Does anyone know if the insurance company is required to pay for such a fee under California law? Is this something that is statutorily mandated? It would make sense, since the fee's are so unreasonable. Make the owners insurance company pay for it, and let the insurance companies hike up the owners rates on this basis. Is this the way the law is set up in California? These laws are racketeering and literal highway robbery!

I appreciate any help on this topic. Thank You.

 

[Zigner]

It seems to me that it's your "friend" who should be on the hook for the costs you incur.

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

I let my friend borrow my car, and she was stopped by sheriff's and my vehicle was placed in a 30 day impound because her license was suspended due to an unpaid traffic ticket. I received notice in the mail that within 10 days I could request a hearing with the sheriff department to contest the 30 day impound. I did this immediately (well within the 10 day period). The sheriff department then informed me that a hearing would be conducted within 48 hours from the time I made the request, as required by law. I made the request on Monday morning. The sheriff department informed me that they had 48 hours from that time to conduct the hearing. 60 hours went by, and I contacted the sheriff department and inquired on what was taking so long? The receptionist at the sheriff department told me to wait, and an officer should be contacting me "sometime very shortly". Seven days after I made the request, the sheriff department finally conducted the hearing regarding my vehicles impound. I objected during the hearing that the sheriff department was illegally holding my vehicle because they did not conduct the hearing within a reasonable amount of time and they should immediately release my car back to me. The sheriff department refused and continued the 30 impound, stating that they were back logged and that the delay was merely technical oversight. It is going to cost me nearly $3,000 dollars to get my car back. The sheriff department was required under California law to conduct a hearing within 48 hours of my request. [Reference CVC 14602.6 and CVC 22852].
My questions are as follows:

1.) QUESTION 1: Should I be entitled to have my vehicle released back to me because the sheriff department failed to conduct the hearing within the 48 hour time frame they are required to under statute? It took them 5 business days to conduct the hearing, during which time, the fee's were adding up. I mean the requirement of the law enforcement to act swiftly within the 48 hours is there to protect the civilians. I feel the delay acts as a waiver on the part of the sheriff to defend the impound. Especially since the law automatically imposes the impound without any due process on my part and acts as a conviction for driving without a license prior to a judicial hearing.

2.) QUESTION 2: How do I appeal the sheriff departments decision? Who do I address the appeal to, and where do I file it? Does anyone know how long I have to appeal? (Member: CDwjava might know this question?)

3.) QUESTION 3: I am poor, no spouse, and 3 children to take care of. I cannot afford the (near) $3,000 bill the tow yard is requiring me to pay in order to get my car back. The vehicle is fully insured. Someone suggested to me that my insurance company might be required to pay for the impound fee and release charges, under law? Does anyone know if the insurance company is required to pay for such a fee under California law? Is this something that is statutorily mandated? It would make sense, since the fee's are so unreasonable. Make the owners insurance company pay for it, and let the insurance companies hike up the owners rates on this basis. Is this the way the law is set up in California? These laws are racketeering and literal highway robbery!

I appreciate any help on this topic. Thank You.

 

[Silverplum]

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

I let my friend borrow my car, and she was stopped by sheriff's and my vehicle was placed in a 30 day impound because her license was suspended due to an unpaid traffic ticket. I received notice in the mail that within 10 days I could request a hearing with the sheriff department to contest the 30 day impound. I did this immediately (well within the 10 day period). The sheriff department then informed me that a hearing would be conducted within 48 hours from the time I made the request, as required by law. I made the request on Monday morning. The sheriff department informed me that they had 48 hours from that time to conduct the hearing. 60 hours went by, and I contacted the sheriff department and inquired on what was taking so long? The receptionist at the sheriff department told me to wait, and an officer should be contacting me "sometime very shortly". Seven days after I made the request, the sheriff department finally conducted the hearing regarding my vehicles impound. I objected during the hearing that the sheriff department was illegally holding my vehicle because they did not conduct the hearing within a reasonable amount of time and they should immediately release my car back to me. The sheriff department refused and continued the 30 impound, stating that they were back logged and that the delay was merely technical oversight. It is going to cost me nearly $3,000 dollars to get my car back. The sheriff department was required under California law to conduct a hearing within 48 hours of my request. [Reference CVC 14602.6 and CVC 22852].
My questions are as follows:

1.) QUESTION 1: Should I be entitled to have my vehicle released back to me because the sheriff department failed to conduct the hearing within the 48 hour time frame they are required to under statute? It took them 5 business days to conduct the hearing, during which time, the fee's were adding up. I mean the requirement of the law enforcement to act swiftly within the 48 hours is there to protect the civilians. I feel the delay acts as a waiver on the part of the sheriff to defend the impound. Especially since the law automatically imposes the impound without any due process on my part and acts as a conviction for driving without a license prior to a judicial hearing.

2.) QUESTION 2: How do I appeal the sheriff departments decision? Who do I address the appeal to, and where do I file it? Does anyone know how long I have to appeal? (Member: CDwjava might know this question?)

3.) QUESTION 3: I am poor, no spouse, and 3 children to take care of. I cannot afford the (near) $3,000 bill the tow yard is requiring me to pay in order to get my car back. The vehicle is fully insured. Someone suggested to me that my insurance company might be required to pay for the impound fee and release charges, under law? Does anyone know if the insurance company is required to pay for such a fee under California law? Is this something that is statutorily mandated? It would make sense, since the fee's are so unreasonable. Make the owners insurance company pay for it, and let the insurance companies hike up the owners rates on this basis. Is this the way the law is set up in California? These laws are racketeering and literal highway robbery!

I appreciate any help on this topic. Thank You.

1.) According to the law you cited (which was very advanced for a new user!) the law states that, if they do not send you notice in 2 days via certified mail, your impound drops by half. Nothing is stated about telephone calls.

2.) I dunno.

3.) I can't imagine how it is your insurance company's problem that you lent your car to an unlicensed driver.

 

[single317dad]

Impound fees are way too high everywhere. One reason they're so high is that you're a captive audience; you have no choice but to deal with the tow yard that already has your vehicle. Another reason is that there's a very small chance these folks will ever recover anything from you; most impound tows end up racking up more in fees than the auto will ever be worth, and are sold at auction with the proceeds going to the tow company. Any shortage in the auction proceeds is usually sent to collections and the driver can lose their license in most states for failure to make up the difference. Still, the remainders are rarely recovered.

While this system certainly amounts to a poor tax (as many systems do), it is what it is and if you want your car back you'll have to play ball. Sometimes you can negotiate a reduced fee with a little sweet talking. This is entirely up to the tow yard, but usually they'll estimate their recovery via auction and accept some amount above that. Otherwise, you'll either have to pay the bill or find another car.

Be more careful who you allow to drive your car in the future. While you may have assumed that person was insured in your car, it was negligent on your part and theirs to allow the operation of the vehicle by an unlicensed driver. Even in the case of an accident the insurance company would have balked at paying, and in this case I can't imagine they'll pay one single dime.

 

[CdwJava]

1.) QUESTION 1: Should I be entitled to have my vehicle released back to me because the sheriff department failed to conduct the hearing within the 48 hour time frame they are required to under statute? It took them 5 business days to conduct the hearing, during which time, the fee's were adding up. I mean the requirement of the law enforcement to act swiftly within the 48 hours is there to protect the civilians. I feel the delay acts as a waiver on the part of the sheriff to defend the impound. Especially since the law automatically imposes the impound without any due process on my part and acts as a conviction for driving without a license prior to a judicial hearing.

There is no remedy provided under the law for their not providing the hearing within 48 hours (2 business days). There is also no guarantee that you would have prevailed even if they had allowed it.

2.) QUESTION 2: How do I appeal the sheriff departments decision? Who do I address the appeal to, and where do I file it? Does anyone know how long I have to appeal? (Member: CDwjava might know this question?)

The department should be able to provide you their appeals process. It usually involves going to a higher ranking official, or, someone in civilian authority. For instance, in my agency if you did not like my decision, you would be able to talk to the police chief or the city manager. The process varies by agency.

3.) QUESTION 3: I am poor, no spouse, and 3 children to take care of. I cannot afford the (near) $3,000 bill the tow yard is requiring me to pay in order to get my car back. The vehicle is fully insured. Someone suggested to me that my insurance company might be required to pay for the impound fee and release charges, under law? Does anyone know if the insurance company is required to pay for such a fee under California law? Is this something that is statutorily mandated? It would make sense, since the fee's are so unreasonable. Make the owners insurance company pay for it, and let the insurance companies hike up the owners rates on this basis. Is this the way the law is set up in California? These laws are racketeering and literal highway robbery!

No, the insurer is not required to pay this unless it somehow in your policy.

Keep in mind that CA law requires that you make reasonable efforts to show that the person you let drive your car was properly licensed. If you did not ask them for a valid license, or they could not provide it to you, the agency could - in theory - charge you with a misdemeanor of permitting an unlicensed driver to operate your car.

 

[Silverplum]

To be clear, I found nothing in the posted laws to indicate a hearing is required within a set timeframe, or within 2 business days. I only saw that a notice is to be mailed within 2 days.

 

[CdwJava]

To be clear, I found nothing in the posted laws to indicate a hearing is required within a set timeframe, or within 2 business days. I only saw that a notice is to be mailed within 2 days.

22852. (a) Whenever an authorized member of a public agency directs
the storage of a vehicle, as permitted by this chapter, or upon the
storage of a vehicle as permitted under this section (except as
provided in subdivision (f) or (g)), the agency or person directing
the storage shall provide the vehicle's registered and legal owners
of record, or their agents, with the opportunity for a poststorage
hearing to determine the validity of the storage.
(b) A notice of the storage shall be mailed or personally
delivered to the registered and legal owners within 48 hours,
excluding weekends and holidays, and shall include all of the
following information:
(1) The name, address, and telephone number of the agency
providing the notice.
(2) The location of the place of storage and description of the
vehicle, which shall include, if available, the name or make, the
manufacturer, the license plate number, and the mileage.
(3) The authority and purpose for the removal of the vehicle.
(4) A statement that, in order to receive their poststorage
hearing, the owners, or their agents, shall request the hearing in
person, writing, or by telephone within 10 days of the date appearing
on the notice.
(c) The poststorage hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle.
(d) Failure of either the registered or legal owner, or his or her
agent, to request or to attend a scheduled hearing shall satisfy the
poststorage hearing requirement.
(e) The agency employing the person who directed the storage shall
be responsible for the costs incurred for towing and storage if it
is determined in the poststorage hearing that reasonable grounds for
the storage are not established.
(f) This section does not apply to vehicles abated under the
Abandoned Vehicle Abatement Program pursuant to Sections 22660 to
22668, inclusive, and Section 22710, or to vehicles impounded for
investigation pursuant to Section 22655, or to vehicles removed from
private property pursuant to Section 22658.
(g) This section does not apply to abandoned vehicles removed
pursuant to Section 22669 that are determined by the public agency to
have an estimated value of five hundred dollars ($500) or less.​

I just had such a hearing scheduled this morning ... well, I sat there waiting for the guy for an hour and when he was a no-show, I left. Storage upheld. Sadly, he managed to get a valid license so I would have been required to release the hold had he attended it.

 

[Zigner]

It appears to me that the storage was upheld, so the delay of the hearing is moot. Had the storage NOT been upheld, the OP could reasonably expect some of the costs to be reimbursed, but that's not the case here.

 

[Silverplum]

Good finding, Carl. I totally missed it, despite looking for it. Thanks!

 

[Just Blue]

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

I let my friend borrow my car, and she was stopped by sheriff's and my vehicle was placed in a 30 day impound because her license was suspended due to an unpaid traffic ticket. I received notice in the mail that within 10 days I could request a hearing with the sheriff department to contest the 30 day impound. I did this immediately (well within the 10 day period). The sheriff department then informed me that a hearing would be conducted within 48 hours from the time I made the request, as required by law. I made the request on Monday morning. The sheriff department informed me that they had 48 hours from that time to conduct the hearing. 60 hours went by, and I contacted the sheriff department and inquired on what was taking so long? The receptionist at the sheriff department told me to wait, and an officer should be contacting me "sometime very shortly". Seven days after I made the request, the sheriff department finally conducted the hearing regarding my vehicles impound. I objected during the hearing that the sheriff department was illegally holding my vehicle because they did not conduct the hearing within a reasonable amount of time and they should immediately release my car back to me. The sheriff department refused and continued the 30 impound, stating that they were back logged and that the delay was merely technical oversight. It is going to cost me nearly $3,000 dollars to get my car back. The sheriff department was required under California law to conduct a hearing within 48 hours of my request. [Reference CVC 14602.6 and CVC 22852].
My questions are as follows:

1.) QUESTION 1: Should I be entitled to have my vehicle released back to me because the sheriff department failed to conduct the hearing within the 48 hour time frame they are required to under statute? It took them 5 business days to conduct the hearing, during which time, the fee's were adding up. I mean the requirement of the law enforcement to act swiftly within the 48 hours is there to protect the civilians. I feel the delay acts as a waiver on the part of the sheriff to defend the impound. Especially since the law automatically imposes the impound without any due process on my part and acts as a conviction for driving without a license prior to a judicial hearing.

2.) QUESTION 2: How do I appeal the sheriff departments decision? Who do I address the appeal to, and where do I file it? Does anyone know how long I have to appeal? (Member: CDwjava might know this question?)

3.) QUESTION 3: I am poor, no spouse, and 3 children to take care of. I cannot afford the (near) $3,000 bill the tow yard is requiring me to pay in order to get my car back. The vehicle is fully insured. Someone suggested to me that my insurance company might be required to pay for the impound fee and release charges, under law? Does anyone know if the insurance company is required to pay for such a fee under California law? Is this something that is statutorily mandated? It would make sense, since the fee's are so unreasonable. Make the owners insurance company pay for it, and let the insurance companies hike up the owners rates on this basis. Is this the way the law is set up in California? These laws are racketeering and literal highway robbery!

I appreciate any help on this topic. Thank You.

I'm just going to give you a bit of "mommy advice" or "life advice" ...

You have learned an pricey life lesson from this situation.

BTW; I would say this same thing to both my children...

Good luck and sue the idiot you allowed to use your car...))

 

[CdwJava]

Good finding, Carl. I totally missed it, despite looking for it. Thanks!

I'm my agency's hearing officer, so I try to be up on some of these things.