Legal Question in Civil Rights Law in California
My car was impounded, as a outcome of my friend driving w/o a license. Reading the Vehicle code 14607.6 that the law authorizes a peace officer to impound a vehicle driven by a person who does not have a valid driver's license for 30. But I also found an amendment of this bill which states the ff:
An act to amend Section 22651 of the Vehicle Code, relating to vehicles. An act to amend Sections 14602.6 and 14607.6 of, and to add Section 22651.10 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1993, as amended, Ma. Vehicles: removal: multiple violations. Vehicles: towing and impoundment: unlicensed drivers.
(1) Existing law authorizes a peace officer to impound for 30 days a vehicle driven by a person who had never been issued a driver�s license. Existing law subjects to forfeiture, and requires the impoundment of, a vehicle driven by an unlicensed driver who is a registered owner of the vehicle and who has a previous misdemeanor conviction of operating a vehicle without a driver�s license.
This bill would prohibit a peace officer from towing and impounding, or causing the towing and impoundment of, a vehicle driven by a person who does not have a valid driver�s license, as specified, if the vehicle is, or could be, legally parked at a location near the scene of the traffic stop or if control of the vehicle is, or could be, relinquished to a licensed driver. If a licensed driver is not present at the time of the traffic stop, the bill would require the peace officer to inform the driver that the vehicle will not be towed and impounded if a licensed driver can retrieve the vehicle within a reasonable amount of time of the traffic stop. The bill would require a peace officer to obtain the approval of a supervisory officer before the towing and impoundment of a vehicle subject to these provisions. By requiring a higher level of service by a local law enforcement agency, this bill would impose a state-mandated local program. The bill would require the release of the impounded vehicle upon the presentation of the registered owner�s, or his or her agent�s, currently valid driver�s license and proof of current vehicle registration, or upon order of a court.
Does this law apply to me, if I want to retrieve my vehicle?
Cause I went to the police station to request a release for my car, and the officer told me that it will be after 30 days before they would release my car, and that what I have read from the vehicle code only applies if the person w/o a driver's license was stopped during a police check point.
What would be my best option at this point? Cause I think, even the officer that conducted the traffic stop did not follow what was written at this Bill. He stopped my friend two blocks from my house and didn't give me a chance to retrieve my car, instead he impound the car after sending another unit to knock at my door and verify if I know the person driving the car. The car was properly insured and registered with me as the owner don't have any record or violation of the same nature.
Do I have a right to feel mistreated, or should I just charge this to experience?
1 Answer from Attorneys
Mistreated?? Probably.
Regardless of your research, your rights, or your desires, if the PD will not provide a release, you can not get your vehicle until they do. Try to talk to a PD supervisor, politely and 'cooperatively' to see if you can persuade them you are correct.
The ultimate question for you is, whether it would cost more to wait and pay 30 days impound fees, or pay significant attorney fees to bring an ExParte writ or motion in court to compel prompt release. Feel free to contact me if serious about getting legal help. You should make your friend pay your costs.
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