Legal Question in Criminal Law in California

I was pulled over for speeding and the officer stated that my license was suspended. He then stated that he would only cite me as an unlicensed driver but he would have to impound my car for 30 days. I asked if the primary person on the registration could get it out of impound before then and he said no. On my citation he put cvc 12500(a). Is it possible to get the car out if impound or do i have to wait the 30 days. Also when he pulled me over for speeding I was traveling about 30 mph. And another car was passing me. He stated that the radar/laser clocked me at 42. There were 2 motorcycle officers and one pulled over the car that passed me and the other pulled me over. On the citation he put code cvc 22350. Which I looked up as a violation of the Basic Speed Law. The day was clear, sunny, the road was dry and light traffic (2 other cars ahead of me about a block, and the one that passed me). If I understand the basic speed law correctly I was not "driving at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." And on the citation he checked the traffic box and put them as an infraction. Is there any way to fight these, what do these mean for me and what should I do?


Asked on 12/13/13, 2:49 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You were already told the reality of impound. Here it is again. Once impounded, it stays for the stated duration, incurring daily storage fees. Only the registered owner in person can recover it from the storage yard, after the 30 day wait, and then only with proof of valid drivers license, proof of valid current title/registration/tags, proof of current insurance, valid "Release" form from the arresting agency, and with CASH for the total towing and storage charges. Welcome to the consequences of driving on suspended license.

You also face the criminal charges, whatever is filed by the DA in their discretion. You'll learn those charges when you appear for arraignment at your first court hearing.

You can always "fight" a ticket by going to court and requesting trial. Winning is an entirely different question. It is the officer's word versus yours. He has credibility, you start with none. He has no reason to lie, you do. Sorry, those are the facts of life that are assumed by the court. Give it a try if you can make a credible believable presentation. Better would be to seek a plea bargain with reduced penalties, fines, etc.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 12/16/13, 1:55 pm


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