Legal Question in Civil Litigation in California
We were on our way to Palmdale from Bakersfield. I drove the 58 freeway then pulled over after I exited for mojave. I got in passenger seat and let my girlfriend drive. She was unlicensed and no permitt. (three days later she obtained her permitt) She started driving and not even two minutes after highway patrol comes from behind and pulls to the side of us at the light then when light turned green he pulled us over. He came to passenger side window and said Im stopping you for window tint. Then he asked for necessary documents we gave them to him. He then asked my girlfriend to come to his car . She did and then she returned to car and said car was getting impounded and she had unlicensed ticket. Then officer called me over gave me window tint ticket.Then he asked for keys. I told my girlfriend do not give him keys so he reached in car smashed her leg and bumped her pregnant stomach. Then he told us to get everything out. I pleaded with him and told him that we dont live out here and shes pregnant and its hot. Then this other officer came I told him the same thing then he said Im impaired. I told him no im not. So they gave us receipt for impound and number to call in order to get car back. I called talked to them they said she has to obtain her license before I can get my car back and I have all proper documentation. Ive been told by lawyers that this is illegal and my car should not be held contingent on her getting a license. Ive been told that we could sew for up to ten thousand dollars in small claim courts. They were not the lawyers for this so can you handle this case? If so how does it work with payment ? If not can you refer me to someone else?
2 Answers from Attorneys
Your car was impounded because you were impaired. That's why you let an unlicensed driver drive your car. The police can't let an impaired person drive a motor vehicle, and they could not release the car to an unlicensed driver either.
You can't maintain a civil suit while criminal charges are pending. You need to be getting a decent lawyer, instead of one who only tells you what you want to hear.
Your girlfriend might have a case if the officer's "bump" was serious. But you can only sue over what happens to you, not what happens to her.
Mr. Roach is probably right about why the police didn't let you drive the car away. Even if he's wrong, you would probably have a hard time proving it in court.
You should be able to retrieve your car at any time by paying the necessary fees, as long as you bring along someone unimpaired who can drive the car. If you can't do it, any other licensed driver should do.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
