30 day impound and $2300

[unvrslscott]

California

I was recently pulled over by a cop. He claims he thought I had no seatbelt on, but he discovered I did. He then informs me that my DL was suspended. He asked me if I was aware of this and I told him no. He let me know that it was do to an unpaid fix it ticket, and then asked me if I had a licensed driver near by, and i told him my son could be there in approximate 30 mins. He then informed me that he was going to tow the vehicle and impound it for 30 days.

It cost me nearly$2300 to get my car out.

The spot in which i was pulled over at was a block from the police station and was legally parked on the street, and posed no danger whatsoever to traffic or pedestrians.

Can I take them to small claims to get my money back?

 

[xylene]

Can I take them to small claims to get my money back?

It does not matter if the officer was going to cut you a break.

The impound was legal.

 

[unvrslscott]

under which code? I have a friend whos a sherrif, he showed me a breakdown, that makes it look very questionable.

 

[I_Got_Banned]

under which code?

California Vehicle Code Section 22651(p)

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.​

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ETA: There are, I believe, very limited exceptions to that... Why don't you share with us the breakdown that makes it questionable.

 

[unvrslscott]

Huh? What does that mean?

 

[unvrslscott]

Yah, but read 22655.5, and then read my original post, one more time, please?

 

[tranquility]

The vehicle was not impounded for evidence.

 

[xylene]

Yah, but read 22655.5, and then read my original post, one more time, please?

We have read this before.

Why don't you tell us why you think the tow and impound are invalid?

Here is a hint as to some things that are not reasons:

1. It is not because you were actually wearing your seat belt

2. It is not because he offered to allow you to have the vehicle driven away and could not do so in the timeframe he was willing to wait.

3. It is not because the vehicle was legally parked when you stopped.


We are not privy to what you were told. Tell us, that may clarify the circumstances.

I'm just not seeing the confusion. There is nothing really unclear in the law. Unlicensed operation = tow and impound.

 

[I_Got_Banned]

Yah, but read 22655.5, and then read my original post, one more time, please?

I am aware of what 22655.5 says... And I did read your original post. You should re-read 22651(p) again and especially the part which states:

and the vehicle is not impounded pursuant to Section 22655.5​

In this case, the vehicle was NOT impounded pursuant to 22655.5. It was impounded due to the fact that you were driving on a suspended license and the officer (I assume) cited you for one of the following code sections: 12500,..., 14601.1, ...

Note that the statute does not obligate the officer to offer you the opportunity to have a licensed driver come by to drive off the vehicle... Yet he did make that offer -as a favor-, only -that I'm guessing- the 30 minutes you suggested he wait around was a bit too long...

So again... What was the breakdown that your sheriff friend showed you that makes the tow questionable?

 

[unvrslscott]

1) I was never served the notice of license suspention!
2) The vehicle that that recieved the fix it ticket, was sold to another party, they got the fix it ticket, before the non op was recieve by dmv

 

[I_Got_Banned]

As for your knowledge -or lack thereof- of the suspension here's the code that discusses that angle:

CVC 13106.

(a) When the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. It shall be a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a driver's license to report changes of address to the department pursuant to Section 14600.
(b) The department may utilize alternative methods for determining the whereabouts of a driver, whose driving privilege has been suspended or revoked under this code, for the purpose of providing the driver with notice of suspension or revocation. Alternative methods may include, but are not limited to, operating with other state agencies that maintain more current address information than
the department's driver's license files.​

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That says that as long as the DMV had mailed the notice of suspension to your last known address by the Department, and unless such notice was returned to the department as undeliverable or unclaimed, then they have satisfied the burden regardless of whether you saw the notice or not. It is YOUR responsibility (every holder of a driver's license) to report changes of address to the department pursuant to Section 14600.

 

[unvrslscott]

As for your knowledge -or lack thereof- of the suspension here's the code that discusses that angle:

CVC 13106.

(a) When the privilege of a person to operate a motor vehicle is suspended or revoked, the department shall notify the person by first-class mail, of the action taken and of the effective date thereof, except for those persons personally given notice by the department or a court, by a peace officer pursuant to Section 13388 or 13382, or otherwise pursuant to this code. It shall be a rebuttable presumption, affecting the burden of proof, that a person has knowledge of the suspension or revocation if notice has been sent by first-class mail by the department pursuant to this section to the most recent address reported to the department pursuant to Section 12800 or 14600, or any more recent address on file if reported by the person, a court, or a law enforcement agency, and the notice has not been returned to the department as undeliverable or unclaimed. It is the responsibility of every holder of a driver's license to report changes of address to the department pursuant to Section 14600.
(b) The department may utilize alternative methods for determining the whereabouts of a driver, whose driving privilege has been suspended or revoked under this code, for the purpose of providing the driver with notice of suspension or revocation. Alternative methods may include, but are not limited to, operating with other state agencies that maintain more current address information than
the department's driver's license files.​

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That says that as long as the DMV had mailed the notice of suspension to your last known address by the Department, and unless such notice was returned to the department as undeliverable or unclaimed, then they have satisfied the burden regardless of whether you saw the notice or not. It is YOUR responsibility (every holder of a driver's license) to report changes of address to the department pursuant to Section 14600.

The officer served me notice at the scene, sited me for two things;
1) suspeded Lice
2) Driving without a valid lic

 

[I_Got_Banned]

1) I was never served the notice of license suspention!

If the notice was mailed (first class mail... no CRR requirement) the the DMV did what is required by law. That is UNLESS you can show that the notice was returned as undeliverble/unclaimed. Maybe you can contact the DMV to see if such notice was returned... I highly doubt that will get you anywhere...

2) The vehicle that that recieved the fix it ticket, was sold to another party, they got the fix it ticket, before the non op was recieve by dmv

If THEY (someone else besides you) got the fix it ticket, that same ticket would have been issued under THEIR name and driver's license number NOT yours...

 

[unvrslscott]

...well hell, thanks for the resposes (some of them), I hate the way cops use the letter of the law when it fatens their budget, and not the spirit of the law for which it was intended!

 

[xylene]

You believe this is a miscarriage of justice so...

What you are going to need to do is get a lawyer and go to court.

You are going have to beat the rap on both tickets.

As explained, it does not matter if you did not see the notices.

All that matters was if it was mailed to the address of record.