30 Day impound law (California)

[Lunchbox21]

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

I got pulled over because my license plate light was out and I gave the officer all my information including my drivers license when he came back he told me that my license was expired and then he told me to step out of the car and he was gonna explain wat was going to happen! He told me that my car was gonna be impounded because technically I was driving without a license! Now my car is in an impound lot and I was wondering if I could get it out sooner than the thirty days? because I know that will get expensive!

 

[Isis1]

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

I got pulled over because my license plate light was out and I gave the officer all my information including my drivers license when he came back he told me that my license was expired and then he told me to step out of the car and he was gonna explain wat was going to happen! He told me that my car was gonna be impounded because technically I was driving without a license! Now my car is in an impound lot and I was wondering if I could get it out sooner than the thirty days? because I know that will get expensive!

have you renewed your license yet?

 

[CdwJava]

I got pulled over because my license plate light was out and I gave the officer all my information including my drivers license when he came back he told me that my license was expired and then he told me to step out of the car and he was gonna explain wat was going to happen! He told me that my car was gonna be impounded because technically I was driving without a license! Now my car is in an impound lot and I was wondering if I could get it out sooner than the thirty days? because I know that will get expensive!

How long has your license been expired?

What code section were you cited for?

Were you supposed to have an alcohol interlock on the vehicle?

Was your license suspended or revoked?

If you once had a valid license, and it was only expired, then the vehicle should NOT have been impounded for 30 days based upon your license status. CVC 14602.6 allows for a 30 day impound only if the driver was suspended/revoked, never been licensed, or was supposed to have an interlock device for you to drive and did not.

I would call tomorrow and schedule the hearing. At the date and time of the hearing have someone available to drive you and someone else available to pick up the car. Have a lot of cash or a checkbook to pay for the release at the police department and the tow yard. Also, make an appointment or stand in line at the DMV ASAP to get your valid license before the actual hearing if you can.

- Carl

 

[Lunchbox21]

Ok

This happened last night I haven't gotten my license yet!

It was CVC 14602,6

My license has been expired for over two months


Who do I call?

I don't know anything about that alcohol thing!

No my license was just expired not suspended or revoked!

 

[Lunchbox21]

What

How much do u mean by alot of cash??

 

[Isis1]

How much do u mean by alot of cash??

towing fees, fines, impound fees, administrative impound fees, and the police administrative fees for handing you the release form for the impound yard.

it gets expensive. without the 30 days.

 

[CdwJava]

The registered or legal owner of the vehicle - or their authorized agent/representative - makes a phone call to the agency that conducted the impound and requests an impound storage hearing. The hearing must be requested within ten days of the date of notice, and must be scheduled to occur within 48 hours of the request. (Reference CVC 14602.6 and CVC 22852)

If the vehicle is released immediately - and, based upon what you wrote, it should be - then there will be costs associated with the release. Depending on the agency, the release fee to the agency is typically between $25 and $100, and the cost paid to the tow company will be about $200-300 plus upwards of $50 per day ... around here it is $35 per day, but I forget what the high end maximum is right now.

If you are able to renew your license before you attend the hearing, they will have no choice but to release the vehicle.

However, if you are NOT the registered or legal owner of the vehicle, then you might have a problem even getting the hearing unless the registered or legal owner can make the arrangements and authorize you as their agent in the matter.

If your license was only expired, then the impound should have been only for 22651(p) and not for both that section and the 30 day section of 14602.6. The officer fouled up.

- Carl

 

[I_Got_Banned]

It was CVC 14602,6

Here's a link to CVC 14602.6 V.C. Section 14602.6 - Vehicle Impoundment: Suspended, Revoked, or Unlicensed Driver: Hearing

No my license was just expired not suspended or revoked!

Is it possible that your license was suspended due to you failing to appear or pay for a previous citation, failing to pay child support... etc?

Who do I call?

You need to go to the DMV and find out the status of your license. If you can establish that your license is ONLY expired, that it is not suspended or revoked, then renew your license and contact the law enforcement agancy that ordered the hold, request the post storage hearing to see if you can get your car out.

You'll get more information about the "Post storage hearing" (which you can request from the law enforcement agency that ordered the tow/hold on your vehicle) by reading the link I posted above.

 

[Lunchbox21]

My license was only expired! Nothing else involved!



So I need to call the police department and ask for an impound hearing right!

Now I won't physically have my license how do I prove that it's reinstated?

 

[Lunchbox21]

Since the officer fouled up can that count in my favor?
Is 22651(p) different then the other one?

 

[I_Got_Banned]

So I need to call the police department and ask for an impound hearing right!

Right!

Now I won't physically have my license how do I prove that it's reinstated?

When you go to the DMV, pay the renewal fees and get your license renewed, they will give you a print out (a temporary license) to use until you get your actual license. Just make sure you take another picture ID with you (like a passport) to prove that you are who you claim you are.

 

[CdwJava]

Yes, schedule the hearing. It may take a day or two to get in to see someone, so it does not hurt to schedule it sooner rather than later.

Go to the DMV and get your license taken care of.

Bring money or a check book to the hearing - along with at least one other valid driver - so that you can pay for the fees and drive the vehicle away from the tow yard.

CVC 22651(p) is the code section that authorizes a tow for a vehicle driven by an unlicensed driver. CVC 14602.6 is the authorization for a 30 day impound based upon the status as previously discussed. Both are valid in the case of a suspended license or a person who has never been licensed, only 22651(p) is valid if the license is simply expired.

- Carl

 

[Lunchbox21]

What I'm getting from this is that I'll be able to get my car out rather quickly it's just gonna take alot of money

 

[Lunchbox21]

Now driving with out a lictnse is a misdemeanor is that gonna be dropped once I show proof of my valid license or is that gonna be another problem

 

[CdwJava]

CVC 12500(a) can be treated as a correctable violation. If you present a valid license to the court, they will likely drop the issue.

And, yes, getting the car out will cost you some money. It could be as much as $400 plus close to $50 per day depending on where you live. Where I am it would be about $290 plus $35 per day, and a $25-100 release fee paid to the local law enforcement agency, depending on the agency.

- Carl