Legal Question in Criminal Law in California

reimbursement for illegal tow

I was pulled over on my way to a doctor�s appointment. At the time I had a restricted license approved by the courts to drive to doctor�s appointments. The officer wrote me a ticket for driving on a suspended license anyways. He said my car would be impounded for 30 days. I scheduled a court hearing the next week. At this hearing I showed a copy of court orders I had received that I was allowed to drive to medical appointments. The judge acknowledged this said my ticket was not in the system yet but noted orders for police dept to release my car �asap�. I paid $1500 to release the car. A month later I went to court and they dropped/dismissed all charges of driving on a suspended license. It seems to me that since the ticket was dismissed entirely that all the fees I had to pay to get the car back should be reimbursed also. Doesn�t that make it illegal seizure of property? If I was dismissed of the ticket doesn�t that mean it was wrong for them to take the car? When I ask different depts ( Superior Court, police dept ) they all point the other way as to who is responsible to pay me back! Who, if anyone is responsible to pay me back? Thank you!


Asked on 9/18/08, 8:07 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: reimbursement for illegal tow

Nobody. Not voluntarily. If you want to pursue this, timely file your governmental tort claim and prepare to timely file your lawsuit when the claim is rejected. Personally, I wouldn't take your money to file that suit, since I rate your chance at success as slim at best. You'd have to prove the officer willfully, knowingly 'exceeded his authority' in disregard of your rights and the law and the facts.

BTW: $1500 to release a towed car is at least several times the normal cost. You'll have to explain and prove why that occurred. If you left it sit in impound for more than a day you're not going to recover that excess charge, even it you succeed in getting recovery for the tow charges.

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Answered on 9/18/08, 9:07 pm


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