Legal Question in Traffic Law in California
Can a police officer tow a car away if an unlicensed driver was operating the vehicle? Should they not allow you to make a phone call to someone with a license to avoid it beign towed?
2 Answers from Attorneys
Probably it is entirely within the officer's discretion. If th unlicensed driver was not lawfully parked when the officer stopped him, who is supposed to move the vehicle to a parking area. The unlicensed driver is not allowed to operate the vehicle; the officer does not have permission from the owner to move the car and it is not part of his duties to do so. nor does the driver have a legal right to call someone to drive the vehicle away, especially if that person my not be the owner and may not have a key to the car. having broken the law once by driving the car, why should the officer believe that the person is going to call the real owner of the car.
Whoever gave the car keys to the unlicensed driver should be grateful the driver didn't get in an accident, because there is a type of lawsuit called "negligent entrustment" (look it up).
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