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  1. #1
    Join Date
    Jul 2010
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    Default Ca: Car Impounded with 30 Day Hold for Driving W/ Suspended License

    My friend had her car impounded because her brother was driving it with a suspended license. At the hearing the officer quoted CA 14602.6. It states: "the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle" and "A vehicle so impounded shall be impounded for 30 days".

    My question is that since they did not arrest the brother, can the car be held on a 30 day hold? It seems to me that 14607.6 is more appropiate in this instance.

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Ca: Car Impounded with 30 Day Hold for Driving W/ Suspended License

    Quote Quoting Raptor
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    My friend had her car impounded because her brother was driving it with a suspended license. At the hearing the officer quoted CA 14602.6. It states: "the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle" and "A vehicle so impounded shall be impounded for 30 days".

    My question is that since they did not arrest the brother, can the car be held on a 30 day hold? It seems to me that 14607.6 is more appropiate in this instance.
    If he was cited for 14601.2 (or 14601.2) he was "arrested."

    14607.6 involves a subject driving with a previous conviction for driving on a suspended license and involves the eventual forfeiture of the vehicle.

    Question: Did the registered owner know that the brother had a suspended license? Did she make a reasonable effort to determine if he had a valid license? She would have to convince a hearing officer that she reasonably believed he had a valid license for them to release the car. Apparently she was not able to do that. Maybe next time she will be more careful about who drives her car.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jul 2010
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    Default Re: Ca: Car Impounded with 30 Day Hold for Driving W/ Suspended License

    Are you saying that being cited is the same thing as being arrested? I thought being arrested meant you were taken into physical custody.

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Ca: Car Impounded with 30 Day Hold for Driving W/ Suspended License

    Quote Quoting Raptor
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    Are you saying that being cited is the same thing as being arrested? I thought being arrested meant you were taken into physical custody.
    For this purpose, yes.

    The citation is a release from custody on a signed promise to appear. The alternative is to be cuffed and stuffed, then taken to jail. The CA Vehicle Code generally mandates law enforcement cite and release for most traffic offenses absent the existence of one or more of a specified list of exceptions.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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