30 day impound (Santa Barbara: car insurance, attorney, school)

[psychocrx]

yeah I recently had my car impounded by covina Police and was arrested for driving on a suspended licence, my car was registered and insured, all up to date, now I live in Arizona and I come to california alot to visit my mother and left this particular vehicle here so that my sister and fiance could use it for school and work. I have been pulled over several times by different city police officers and never had a problem until this particular day this officer told me that my california licence had been suspended but my arizona licence is not. He said he didn't care he was still taking my car for 30 days and arresting me for driving on a suspended licence, even though a friend with a valid california drivers licence was in the car with me. What can I do to fight this? I really don't think that it's fair cause I was unaware of the cali licence situation.

[graciously]

30 days? gotta pay for all those?

[Los Angel]

Originally Posted by psychocrx

yeah I recently had my car impounded by covina Police and was arrested for driving on a suspended licence, my car was registered and insured

Unfortunately they can do that. I know that sucked.

Originally Posted by psychocrx

all up to date, now I live in Arizona and I come to california alot to visit my mother and left this particular vehicle here so that my sister and fiance could use it for school and work.

The police departments fee is $155.00, I'm sure they are charging you a daily rate.

Originally Posted by psychocrx

I have been pulled over several times by different city police officers and never had a problem until this particular day this officer told me that my california licence had been suspended but my arizona licence is not.

The cops that pulled you over and not arrest you did you a favor. That was the "cue" that the end was near. You might be able to challenge this if you are an Arizona resident. If you are a registeed California resident with an Arizona license it might be tough to get out of it. If you can't, and it's worth it to you to fight it, you may need help from an attorney. If people can beat murder wraps in this town with an attorney you should be able as well.

Originally Posted by psychocrx

He said he didn't care he was still taking my car for 30 days and arresting me for driving on a suspended licence, even though a friend with a valid california drivers licence was in the car with me.

And the officer didn't. 1. He could have let you go like the rest. 2. He could have taken you to jail and surrendered your vehicle to you friend the licensed driver.,...no he chose number 3. Take you to jail and impound your car, I know that sucked, but it was a legal option for him to choose.

Originally Posted by psychocrx

What can I do to fight this? I really don't think that it's fair cause I was unaware of the cali licence situation.

Unless you have an attorney that can box for you and is a master of excuses and loop holes. Your case is a slam dunk. All the judge is going to see is, that you were in violation at the time of being pulled over. The last thing the judge wants to hear is "I didn't know" He hears this everday and all day long. I should know.....I told him the same thing.....LOL.

[Lovehound]

California is pretty serious about suspending licenses. What they mean when they suspend your license is that they don't want to see you driving again in California until your license is reinstated, or at least until the suspension is rescinded, or until expired if the suspension has an end date.

[DontH8Me]

Funny, the guy who hit my car in the parking lot at work was driving without a license due to his DWI, had no insurance, and the policeman let him off scott free with the order to pay me the damage on my car within one month on the threat that he would have the car impounded if he didn't. Never got a penny out of the bastard.

I guess it all depends on the officer - or whether or not you're an illegal.

[bhcompy]

Originally Posted by DontH8Me

Funny, the guy who hit my car in the parking lot at work was driving without a license due to his DWI, had no insurance, and the policeman let him off scott free with the order to pay me the damage on my car within one month on the threat that he would have the car impounded if he didn't. Never got a penny out of the bastard.

I guess it all depends on the officer - or whether or not you're an illegal.

and thats why i pay for uninsured protection on my car insurance

[ferretkona]

Originally Posted by psychocrx

yeah I recently had my car impounded by covina Police and was arrested for driving on a suspended licence, my car was registered and insured, all up to date, now I live in Arizona and I come to california alot to visit my mother and left this particular vehicle here so that my sister and fiance could use it for school and work. I have been pulled over several times by different city police officers and never had a problem until this particular day this officer told me that my california licence had been suspended but my arizona licence is not. He said he didn't care he was still taking my car for 30 days and arresting me for driving on a suspended licence, even though a friend with a valid california drivers licence was in the car with me. What can I do to fight this? I really don't think that it's fair cause I was unaware of the cali licence situation.

Thanks for the update, the CA laws are still working.

[bukowski01]

Originally Posted by ferretkona

Thanks for the update, the CA laws are still working.

For some the are - and the rest of the state they are not.


I recently was pulled over at a DUI checkpoint in Santa Barbara, CA. My license was expired for about 6-7 months simply because I forgot - no biggy I'm willing to pay that fine/ticket as it is my fault. However, at this check point my car was tow and impounded using this bogus '30 day' rule.

Now, here are the facts of my situation - clean record and the only issue was an expired license. The PO stated that they had to tow my car. When asked if my wife could take over driving (since her DL was up to date) they officer stated, "no you cannot do that."

There are TWO cases that have been ruled on my the 9th circuit, stating that it is illegal and a breech of the 4th Amendment (illegal search and seizures) of the US Constitution, if the ONLY reason they are impounding the care is solely based on the driver not having a valid license. Now, the way that the police (gun toting tax collectors?) get around this is by something that is called the, "community caretaker" clause or postion. What this is, is this: The officer can impound the vehicle IF it caused harm in some form or the other to the community...so if the car is in the way, or would cause the public danger in being left where it is (this is why checkpoints are done mostly on busy roads).

Now, in my specific case it is going to be very difficult for the officer to claim that he was practicing his community caretaker ability, simplye due for the following reasons; 1) pulled over on a road that allows cars to park on the side of the street and 2) I had a capable driver sitting next to me that could have taken control of the vehicle.

I'm starting the process of taking the officer, City of Santa Barbara, SBPD, and the tow company to small claims court. If I can afford it I will also file a civil suit vs the city and PD. LAW officers should be aware of the LAW. There is no excuse for them not being up on the forefront of legal cases. If they cannot handle the reading, they should find new work.


It is worth mentioning that my defense will not work for you if you have a revoked or suspended DL, sorry.


short version - If your car gets towed by a cop ONLY because you don't have a license (not if you have a suspended or revoked DL) then, they have violated your 4th Amendment rights given to you via the Constitution. Call an attorney - the only way to stop abusive government is to punish them through law suits.

[ferretkona]

And again I get to say "Thanks for the update, the CA laws are still working."

[bukowski01]

Originally Posted by ferretkona

And again I get to say "Thanks for the update, the CA laws are still working."

You must be a police officer. Only someone as incapable of understanding the law would say something so silly.