I would just let it go if I didn't feel so strongly that I am in the right,
As with most any potential legal proceeding, you have to consider the cost of any litigation. If your case will only remain in Small Claims, then you lose little more than a filing fee and a lot of time to research and appearances. But, if it goes higher, you stand to lose much more than the original investment in the car. It's why many cities and counties set aside millions for "go away" money for civil suits - it's cheaper to settle than fight sometimes.
One thing I have learned that the court clerks that I have dealt with do not like to give any information up. They say that they cant give legal advice, but I am asking for info regarding policy procedures.
Am I mistaken or is being informed about what is going on with my case considered "legal advice"?
It can be a very fine line. They can provide you with copies of policies or procedures, if they exist, but cannot provide you with thoughts, opinions, or anything that might smack of direction or commentary on your potential claims.
Can you inform me what documents would/should normally be required and generated when a car is impounded, and who would have them aside from the police?
The minimum the agency would have would be the impound report (CHP 180 form) along with a copy of the vehicle registration printout via CLETS (CA DMV). They may have more in the case file, but probably not.
The tow company didn't file a case against me within 30 days after receiving opposition to lien sale, so they don't have a court order allowing them to sell my truck. Since there has not been any charges or claims against me I don't think the courts would have any reason to be notified until I had filed a writ of mandamus. Did you ever have to deal with writs of mandamus against you?
I never had to deal with that.
I requested the towed/stored vehicle report that the tow hearing officer referenced, (which was different than the report number the officer gave me when truck was impounded) The police records department responded this week and informed me it was going to take another month because they needed to determine what records could be released to me and I have no idea why, but they said they may need to redact some information.
That is odd. But, i can only speculate as to the issue. This SHOULD be something that is able to be provided quickly. In the departments where I have worked, you could get that within minutes in many cases.
Also the time that my truck was first reported was an hour earlier then I was stopped, and more than an hour before tow was requested. The encounter with police only lasted about 20 mins at most. I asked to see dispatch transcript which would confirm the time it was reported, and he refused.
Times are often off due to a number of reasons. And the hearing officer does not have to show you anything like the dispatch printouts. Although, I have never once had that information present at a hearing, so it's likely not an item he had with him since the times are not likely to be an issue as to the legality of the tow.
Does a car have to be parked for an hour before it can be towed?
Nope. Not for VC 22651(o).
Shouldn't reports that have contradictory information be a factor in his findings and call for further investigation?
That might depend upon the contradictions. Times are not generally an issue since they are generally not relevant to the impound. Documents that might show a valid travel permit, certainly.
Question: At the time of the tow, was the travel permit completed with that day written in as the day of the travel? Too often people leave it blank and fill it in ONLY AFTER they have been stopped.
After tow hearing officer makes a decision what documents does he submit, and to who?
That depends on the agency. I made notes and submitted a printed copy to our RMS and into the case file. No one above me saw them unless the party appealed my decision to the Chief.
Does the office of administrative hearings regulate tow hearings?
Not sure what that office is. If an agency has such an office, the answer would depend upon the areas of responsibility.
Does CHP have different requirements for impounding cars than city PD? Were you CHP?
I was a city PD. And, no, their requirements are covered in the CVC as the rest of us. Some cities and counties have local policies or statutes that prohibit or limit the circumstances under which a vehicle might be impounded, otherwise these are governed by state statutes and case law.
Thank You for whatever info you can fill me in with. I hope I am not bombarding you with too many questions. You have a wealth of information that I very much appreciate you providing to me. BTW.... I am a mocha man too, and If I get my truck back I will happily buy you a mocha and croissant if you want.
Hah! That'd be cool!
