Impounded vehicle

JDC

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So apparently there is a state law that if a vehicle gets impounded by the police it's an automatic 30 day impound.

Somebody told me that there are special circumstances for financed vehicles and that since the vehicle is owned by the bank that the 30 day impound doesn't apply.

Is this true??

Thanks.
 

sdhunter

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Maybe some LEO's could chime in....

I had my vehicle towed from the front of my house once for expired registration. I did get it back that day though. It was by the local volunteer wannabe cops in support of the local Sheriffs.

Not sure if "impounded" has extra circumstances involved? When my rig got towed, did that mean impounded....I'm not sure??
 

Huntndogs

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14602.6 CVC

a) (1) Whenever a peace officer determines that a person
was driving a vehicle while his or her driving privilege was
suspended or revoked, driving a vehicle while his or her driving
privilege is restricted pursuant to Section 13352 or 23575 and the
vehicle is not equipped with a functioning, certified interlock
device, or driving a vehicle without ever having been issued a driver'
s license, the peace officer may either immediately arrest that
person and cause the removal and seizure of that vehicle or, if the
vehicle is involved in a traffic collision, cause the removal and
seizure of the vehicle without the necessity of arresting the person
in accordance with Chapter 10 (commencing with Section 22650) of
Division 11. A vehicle so impounded shall be impounded for 30 days.
(2) The impounding agency, within two working days of impoundment,
shall send a notice by certified mail, return receipt requested, to
the legal owner of the vehicle, at the address obtained from the
department, informing the owner that the vehicle has been impounded.
Failure to notify the legal owner within two working days shall
prohibit the impounding agency from charging for more than 15 days'
impoundment when the legal owner redeems the impounded vehicle. The
impounding agency shall maintain a published telephone number that
provides information 24 hours a day regarding the impoundment of
vehicles and the rights of a registered owner to request a hearing.
(B) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of,
or consider any mitigating circumstances attendant to, the storage,
in accordance with Section 22852.
© Any period in which a vehicle is subjected to storage under
this section shall be included as part of the period of impoundment
ordered by the court under subdivision (a) of Section 14602.5.
(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:
(A) When the vehicle is a stolen vehicle.
(B) When the vehicle is subject to bailment and is driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
© When the license of the driver was suspended or revoked for an
offense other than those included in Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.
(D) When the vehicle was seized under this section for an offense
that does not authorize the seizure of the vehicle.
(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.
(2) No vehicle shall be released pursuant to this subdivision
without presentation of the registered owner's or agent's currently
valid driver's license to operate the vehicle and proof of current
vehicle registration, or upon order of a court.
(e) The registered owner or his or her agent is responsible for
all towing and storage charges related to the impoundment, and any
administrative charges authorized under Section 22850.5.
(f) A vehicle removed and seized under subdivision (a) shall be
released to the legal owner of the vehicle or the legal owner's agent
prior to the end of 30 days' impoundment if all of the following
conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the impounding
authority nor any person having possession of the vehicle shall
collect from the legal owner of the type specified in paragraph (1),
or the legal owner's agent any administrative charges imposed
pursuant to Section 22850.5 unless the legal owner voluntarily
requested a poststorage hearing.
(3) The legal owner or the legal owner's agent presents a copy of
the assignment, as defined in subdivision (B) of Section 7500.1 of
the Business and Professions Code, and any one of the following: a
certificate of repossession for the vehicle, a security agreement for
the vehicle, or title showing proof of legal ownership for the
vehicle. Any documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or any person acting on behalf
of those agencies shall not require any documents to be notarized.
The law enforcement agency, impounding agency, or any person acting
on behalf of those agencies may require the agent of the legal owner
to produce a photocopy or facsimile copy of its repossession agency
license or registration issued pursuant to Chapter 11 (commencing
with Section 7500) of Division 3 of the Business and Professions
Code, or to demonstrate, to the satisfaction of the law enforcement
agency, impounding agency, or any person acting on behalf of those
agencies that the agent is exempt from licensure pursuant to Section
7500.2 or 7500.3 of the Business and Professions Code.
No administrative costs authorized under subdivision (a) of
Section 22850.5 shall be charged to the legal owner of the type
specified in paragraph (1), who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. No city, county,
city or county, or state agency shall require a legal owner or a
legal owner's agent to request a poststorage hearing as a requirement
for release of the vehicle to the legal owner or the legal owner's
agent. The law enforcement agency, impounding agency, or any person
acting on behalf of those agencies shall not require any documents
other than those specified in this paragraph. The law enforcement
agency, impounding agency, or any person acting on behalf of those
agencies shall not require any documents to be notarized.
(g) (1) A legal owner or the legal owner's agent that obtains
release of the vehicle pursuant to subdivision (f) may not release
the vehicle to the registered owner of the vehicle or any agents of
the registered owner, unless the registered owner is a rental car
agency, until after the termination of the 30-day impoundment period.

(2) The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner until the registered owner or
that owner's agent presents his or her valid driver's license or
valid temporary driver's license to the legal owner or the legal
owner's agent. The legal owner or the legal owner's agent shall make
every reasonable effort to ensure that the license presented is
valid.
(3) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the impoundment and any administrative charges authorized
under Section 22850.5 that were incurred by the legal owner in
connection with obtaining custody of the vehicle.
(h) (1) A vehicle removed and seized under subdivision (a) shall
be released to a rental car agency prior to the end of 30 days'
impoundment if the agency is either the legal owner or registered
owner of the vehicle and the agency pays all towing and storage fees
related to the seizure of the vehicle.
(2) The owner of a rental vehicle that was seized under this
section may continue to rent the vehicle upon recovery of the
vehicle. However, the rental car agency may not rent another vehicle
to the driver of the vehicle that was seized until 30 days after the
date that the vehicle was seized.
(3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the impoundment and any administrative charges authorized under
Section 22850.5 that were incurred by the rental car agency in
connection with obtaining custody of the vehicle.
(i) Notwithstanding any other provision of this section, the
registered owner and not the legal owner shall remain responsible for
any towing and storage charges related to the impoundment, any
administrative charges authorized under Section 22850.5, and any
parking fines, penalties, and administrative fees incurred by the
registered owner.
(j) The law enforcement agency and the impounding agency,
including any tow yard acting on behalf of the law enforcement agency
or impounding agency, shall not be liable to the registered owner
for the improper release of the vehicle to the legal owner or the
legal owner's agent provided the release complies with the provisions
of this section.
 

Huntndogs

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I tried to keep sdhunter's truck from being towed by that guy, but he was a penis and showed no professional courtesy...I don't know what the circumstances regarding your tow was Jack, but this is the only 30 day hold section I know of.
 
D

Dove Hunter

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JDC it's me, the 30 day impound is when a law enforcement officer in contact with a traffic violator it is officer descreation and as a result of the stop it is determined that the driver is driving while his drivers license has been revoked or restricted , suspended or is completely without ever obtaining a drivers license to impound the car for 30 days . Each department has a hearing officer where the RO of the vehicle can explain or prove they had no knowledge that whoever was operating the vehicle did so without thier permission they can get the vehicle released . Sorry I was to slow
 

Whiteknight

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QUOTE (Michael @ Aug 5 2009, 10:34 AM) index.php?act=findpost&pid=214482
JDC it's me, the 30 day impound is when a law enforcement officer in contact with a traffic violator it is officer descreation and as a result of the stop it is determined that the driver is driving while his drivers license has been revoked or restricted , suspended or is completely without ever obtaining a drivers license to impound the car for 30 days . Each department has a hearing officer where the RO of the vehicle can explain or prove they had no knowledge that whoever was operating the vehicle did so without thier permission they can get the vehicle released . Sorry I was to slow



The towing of the vehicle, has in my experience, not been Officer Discretion when dealing with a 12500, 14601 drivers. 14607.6 indicates the officer shall tow for said violations and hold for 30 days but does allow for discretion if the unlicensed driver is an employee of the registered owner.

All other tows, Arrest, parking violations, accidents etc, do not have the 30day penalty. and as stated you can request a hearing if you were not the driver but were the R/O, results vary by agency.
 

JDC

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Is the 14602.6 CVC that Huntindogs posted above current and correct for San Diego County?

If so, let me make sure I understand this correctly-

(d) (1) An impounding agency shall release a vehicle to the
registered owner or his or her agent prior to the end of 30 days'
impoundment under any of the following circumstances:

(E) When the driver reinstates his or her driver's license or
acquires a driver's license and proper insurance.



Based on what I posted above and how I read and understood what is said.....

If the driver resolves his/ her license suspension issue, prior to the 30 day period, the Sheriff's department must sign off the release for the vehicle.

Correct?
 

JDC

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QUOTE (Flatbroke @ Aug 5 2009, 11:49 AM) index.php?act=findpost&pid=214509
QUOTE (Michael @ Aug 5 2009, 10:34 AM) index.php?act=findpost&pid=214482
JDC it's me, the 30 day impound is when a law enforcement officer in contact with a traffic violator it is officer descreation and as a result of the stop it is determined that the driver is driving while his drivers license has been revoked or restricted , suspended or is completely without ever obtaining a drivers license to impound the car for 30 days . Each department has a hearing officer where the RO of the vehicle can explain or prove they had no knowledge that whoever was operating the vehicle did so without thier permission they can get the vehicle released . Sorry I was to slow



The towing of the vehicle, has in my experience, not been Officer Discretion when dealing with a 12500, 14601 drivers. 14607.6 indicates the officer shall tow for said violations and hold for 30 days but does allow for discretion if the unlicensed driver is an employee of the registered owner.

All other tows, Arrest, parking violations, accidents etc, do not have the 30day penalty. and as stated you can request a hearing if you were not the driver but were the R/O, results vary by agency.



If the registered owner shows up on scene prior to a tow truck arriving - providing the registered owner has a valid CA dl. and proof of insurance on the vehicle, would it have been at the officers discretion to have released the vehicle to the registered owner?

To me it makes sense that it would have been a discretionary call since offenses are the discretion of the officer to cite or not to cite......
 

Huntndogs

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Correct....Take the valid license and insurance info to the Po Po and they should release the 30 day hold.
 

JDC

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Can someone please post up the following section to ensure the issue doesn't fall under this-


Article 2 (commencing with
Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing
with Section 13350) of Chapter 2 of Division 6.


Thank you.
 

Huntndogs

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the registered owner shows up on scene prior to a tow truck arriving - providing the registered owner has a valid CA dl. and proof of insurance on the vehicle, would it have been at the officers discretion to have released the vehicle to the registered owner?

To me it makes sense that it would have been a discretionary call since offenses are the discretion of the officer to cite or not to cite......


Most agencies I know of would have that discretion. If it's allready on the hook, it would be different.
 

JDC

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QUOTE (Flatbroke @ Aug 5 2009, 05:10 PM) index.php?act=findpost&pid=214617
Ok, what circumstances prompted the questions? Inquiring minds want to know.


Long story short-

wife got pulled over for speeding. Come to find out her license is suspended (unpaid ticket I believe). I showed up to pick up my wife and speak with the officer, who IMHO was being a giant throbbing purple head, car got impounded. Tow yard said 30 days is the impound time no matter what.....

much more to the story and will share over a campfire sometime.
 

JDC

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QUOTE
I hope you get it back, 30 days of fees sure sucks, happened to a family member of mine.


Thanks, me too. A buddy had his daughters impounded and it was $1500 after the 30 days.
 

00BuckShot

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That sucks Jack...what agency and where abouts and when. PM me if you don't want it public. Lots of RSO buddies, one patrols your area.
 

Brushstomper

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Who is the RO of the vehicle? I would request a hearing either way and be polite when you are in there. Try and get your wife to start gettin her stuff cleared up also. Use your B/S skills and hopefully you can get it back quickly, those impound yards aint cheap.
 
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