My Car got impounded

[junwon993]

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

I was speeding about 130mph on highway and got pulled over by highway patrol during my licence suspension.

my car got impounded and it has been about 5 days

Im trying to get my car back in less than 30days

Would it be possible?

And also will my license get suspended again for speeding that much?

i think im getting my license back in middle of September

my english could be wrong. Please help me

 

[seniorjudge]

What statute numbers are you charged under?

 

[junwon993]

i dont understand by statute number if you are looking for codes its 22348(b) and 12500(a)

 

[seniorjudge]

i dont understand by statute number if you are looking for codes its 22348(b) and 12500(a)

California Vehicle Code 22348-22366

According to this, you could get a 30 day suspension (among other things).

V.C. Section 42000.1 - Driving in Excess of 100 Miles per Hour

V.C. Section 42002 - General Misdemeanors



I am NOT a California lawyer and rooting around in their online statutes is difficult unless you are familiar with them.

You need a lawyer.

 

[CdwJava]

I see that you were cited for CVC 12500(a). I am very curious why they cited you for THAT section since you say you were suspended (which is covered in CVC 14601 et seq).

In any event, if your license was suspended, and the vehicle was registered to you, the only way you will get the car back in UNDER 30 days is if the hearing impound officer at the agency either goes mad, or, becomes Santa Clause. Unless you obtain a valid driver's license within that 30 day period, they are under no legal obligation to return your car.

- Carl

 

[I_Got_Banned]

I was speeding about 130mph on highway and got pulled over by highway patrol during my licence suspension.

Why was your license suspended in the first place?

Im trying to get my car back in less than 30days

Would it be possible?

JUNWON. . .
WAKE UP. . . You're dreamin'

 

[JIMinCA]

130 on a suspended license??? Wow...

 

[seniorjudge]

130 on a suspended license??? Wow...

What defense(s) would you use in this case?

 

[You Are Guilty]

What defense(s) would you use in this case?

Insanity...

 

[seniorjudge]

Insanity...

Is that allowable in a case where the charge does not require a mens rea?

 

[HomeGuru]

Is that allowable in a case where the charge does not require a mens rea?

**A: yes, if the OP invoke's the more profound woman's rea.

 

[You Are Guilty]

Is that allowable in a case where the charge does not require a mens rea?

Even strict liability offenses still require the intent to commit an act, so here, I think it's clear the OP would have to be insane to do 130mph on a suspended license and probably was not aware of what he was doing!

 

[seniorjudge]

Even strict liability offenses still require the intent to commit an act, so here, I think it's clear the OP would have to be insane to do 130mph on a suspended license and probably was not aware of what he was doing!

Well...maybe, maybe not.

However, I think Chief Justice Home Guru made the telling argument:

**A: yes, if the OP invoke's the more profound woman's rea.

 

[Maestro64]

I think Carl can confirm this, bit this guy should not be worrying whether he can get the car back, the concern should be what will it look like. Will it still be a car or just a cube of scape metal.

I believe CA has been crushing cars which they felt were involve in street racing or modified for racing. I think the state can easily argue at 130MPH he was street racing.

Obviously getting the car back is the least of his worries.

 

[CdwJava]

It would take more than this first offense for a court to seize the car permanently.

But, 130 IS quite fast! He's not likely to gain sympathy with anyone.

- Carl