New Vehicle Impoundment Law, CA

[wguerrero]

I allowed a friend of mine to drive my vehicle not knowing that his license was suspended. He was pulled over for having a broken tail light and my car was impounded under the 14602.6 violation code. From what I understand my car will be he held for a mandatory 30 day impound. However, from reading the violation code section (2) states that the impound agent will have had to have sent me "notification by certified mail with return receipt request from the legal owner of the vehicle (which would be me) 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' impound when legal owner redeems the impounded vehicle". It has now been 5 days since my vehicle was towed and I have not a letter nor a phone call from the towing agent stating that they have my vehicle. Had it not been for the tow receipt that my friend got while being ticketed, I would not have had any information as to where my vehicle was. My question is, am I understanding this law correctly and will I need to acquire an attorney to get my car back without having to pay the full amount of a 30 day impound which is estimated to cost $1,200? Any help understanding this law would greatly be appreciated. Thank you.

 

[CdwJava]

I allowed a friend of mine to drive my vehicle not knowing that his license was suspended. He was pulled over for having a broken tail light and my car was impounded under the 14602.6 violation code.

As a note, this is NOT a "new" code section.

From what I understand my car will be he held for a mandatory 30 day impound.

You may request an administrative hearing on the impound. Do so immediately or you may not be allowed to have it.

The hearing officer will ask you what steps you took to reasonably ascertain that your friend had a valid license. If you took NO steps (not even asking to see his license) it is possible they will reject your claim for early release and you will have to appeal the hearing officer up to the next level at the agency. Note that the Vehicle Code requires that you take reasonable steps to determine that a driver of your car is licensed. Failure to do so is a misdemeanor.

However, the hearing officer might allow an early release without conditions, or he may release it if you sign a document that effectively gives permission for the agency to take ownership of the car should an unlicensed driver ever be given permission to drive it again.


- Carl