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  1. #1
    Join Date
    May 2011
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    1

    Default Registration Not Complete, Car Towed

    My question involves vehicle registration or title in the state of: california

    i just had a question about my car. it was parked legally and it was towed for expired registration. My car was stolen so i didnt pay my registration but when i got it back i paid the registration but i didint get it smoged and i didnt provide the insurance card. a couple of weeks before my car was towed for no registration i sent in my insurance card and smog. but the police said my registration is still expired. so i had to pay the dumb police station to get my car out of impound, then the impound place to get my car, then pay the ticket for expired registration. is the even fair or legal??

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Registration Not Complete, Car Towed

    Quote Quoting alchar2681
    View Post
    My question involves vehicle registration or title in the state of: california

    i just had a question about my car. it was parked legally and it was towed for expired registration. My car was stolen so i didnt pay my registration but when i got it back i paid the registration but i didint get it smoged and i didnt provide the insurance card. a couple of weeks before my car was towed for no registration i sent in my insurance card and smog. but the police said my registration is still expired. so i had to pay the dumb police station to get my car out of impound, then the impound place to get my car, then pay the ticket for expired registration. is the even fair or legal??
    When it was towed, how long had the registration been expired for?

  3. #3

    Default Re: Registration Not Complete, Car Towed

    My car was just towed from a residential street in Agoura Hills, CA (LA County) right in front of the house I'm staying at. It was registered in Missouri, the registration expired in April 2011. Sheriffs said car was towed for registration being expired for over 6 mos. When I asked them to check to make sure their info was correct, they were unable to do so. I know that the registration expired in Aprill 2011 and the vehicle was just towed a couple days ago. An officer advised that I file for a hearing.

    Related: I need to get the car inspected to renew the registration, the DMV can offer a 1 day moving pass so I could get the car out of the tow-lot, but it would take almost 2 days to get to MO and back . I am incredibly overwhelmed by the whole situation.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Registration Not Complete, Car Towed

    Quote Quoting RecentCollegeGrad
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    My car was just towed from a residential street in Agoura Hills, CA (LA County) right in front of the house I'm staying at. It was registered in Missouri, the registration expired in April 2011. Sheriffs said car was towed for registration being expired for over 6 mos. When I asked them to check to make sure their info was correct, they were unable to do so. I know that the registration expired in Aprill 2011 and the vehicle was just towed a couple days ago. An officer advised that I file for a hearing.
    How long have you been in California and how long do you plan on staying?

    You can request a post storage hearing pursuant to VC 22852 but your request must be made within 10 days of the date it was towed.

    Quote Quoting RecentCollegeGrad
    View Post
    Related: I need to get the car inspected to renew the registration, the DMV can offer a 1 day moving pass so I could get the car out of the tow-lot, but it would take almost 2 days to get to MO and back.
    Well, it would be safe to assume that the vehicle will be inspected, registered and tagged on the drive back...

  5. #5

    Default Re: Registration Not Complete, Car Towed

    I've been in CA for a little over a week, can the car legally be towed if the registration just expired in April? Do I stand a chance at this hearing? Should I get an attorney? I am staying in CA until August, but may move out here permanently depending on my work.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,175

    Default Re: Registration Not Complete, Car Towed

    Quote Quoting RecentCollegeGrad
    View Post
    I've been in CA for a little over a week..
    So you drove into California (from who knows where) on an expired registration a little over a week ago? And yet you were "incredibly overwhelmed" by the thought of having to drive back to Missouri (legally) with a 1 day pass?

    Quote Quoting RecentCollegeGrad
    View Post
    ... can the car legally be towed if the registration just expired in April?
    Not according to any provisions of the California Vehicle code; although you should keep in mind that (1) I haven't seen the citation/paperwork authorizing the tow (yes, I know you spoke to the Sheriff and they couldn't justify it)... And (2) I don't know if it L. A. County or the City of Augora Hills have any ordinances (which can be more strict than state law) authorizing the tow under those circumstances.

    Rather than go on a blind search, you'd be best served by requesting the hearing and seeing if they can justify the tow under any related code sections.

    Quote Quoting RecentCollegeGrad
    View Post
    Do I stand a chance at this hearing?
    Sure you do... But again #(2) above still applies...

    Quote Quoting RecentCollegeGrad
    View Post
    Should I get an attorney?
    I don't think you need one... They can either justify the tow or they must release the vehicle. Pretty much cut and dry... But you're free to consult with an attorney who is local to the area where all this occurred. He/she might know something we don't

    Quote Quoting RecentCollegeGrad
    View Post
    I am staying in CA until August, but may move out here permanently depending on my work.
    I don't know if that means you're working in California or if you're "looking for work"... So rather than this back and forth, here is the definition of a California resident for purposes of meeting the requirement to register your vehicle in California:

    California Vehicle Code section 516. "Resident" means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.
    The following are evidence of residency for purposes of vehicle registration:
    (a) Address where registered to vote.
    (b) Location of employment or place of business.
    (c) Payment of resident tuition at a public institution of higher education.
    (d) Attendance of dependents at a primary or secondary school.
    (e) Filing a homeowner's property tax exemption.
    (f) Renting or leasing a home for use as a residence.
    (g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.
    (h) Possession of a California driver's license.
    (i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,749

    Default Re: Registration Not Complete, Car Towed

    Quote Quoting RecentCollegeGrad
    View Post
    My car was just towed from a residential street in Agoura Hills, CA (LA County) right in front of the house I'm staying at. It was registered in Missouri, the registration expired in April 2011. Sheriffs said car was towed for registration being expired for over 6 mos. When I asked them to check to make sure their info was correct, they were unable to do so. I know that the registration expired in Aprill 2011 and the vehicle was just towed a couple days ago. An officer advised that I file for a hearing.
    As mentioned, you have ten days to schedule a hearing. They must provide you with that post-storage hearing within 48 hours.

    With luck they will be able to pull up at least the MO registration to show that it is not expired. If they cannot, then hopefully you have some paperwork to show that the registration is not expired. If the vehicle is not expired, they will have to release it. In fact, depending on the facts of the matter they may have to eat the cost of the tow as well.

    Do you know what they based their assumption of expiration more than 6 months? Was it based upon the stickers on the plate? Something else?

    Related: I need to get the car inspected to renew the registration, the DMV can offer a 1 day moving pass so I could get the car out of the tow-lot, but it would take almost 2 days to get to MO and back . I am incredibly overwhelmed by the whole situation.
    If you are living in CA now then you can start the process to register it here rather than trying to get to MO and back.

    Though, if you are now a resident (as defined in the post above) you will also have to consider obtaining a CA driver's license as well.
    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

  8. #8

    Default Re: Registration Not Complete, Car Towed

    Thanks for your responses! I am currently working in CA. I'm having my dad mail me the title and registration from MO. The weird thing is, when I called the Sheriff's dept they either couldn't or wouldn't look up the registration. I can prove that the car's registration did not expire until April of this year. The officer I spoke with said that whoever towed my vehicle must have had a valid reason for believing it was 6 + mos expired (which it, obviously, is only 2). My dad asked if someone had stolen the 2011 stickers off of my plates. I honestly have no idea. If the plates either have no stickers or have the stickers under the 2011 (meaning it would show "2009" on the plate despite the registration's 2011 exp. date), would that be valid grounds to tow my vehicle? Hopefully that isn't the case, but I just want to be prepared if it is...

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,749

    Default Re: Registration Not Complete, Car Towed

    Not having proper stickers should not be valid cause to impound per CVC 22651(o) (reg. expired more than 6 months). Before an agency makes such an impound they should find some way to verify that the vehicle is expired.

    Now, what MIGHT have happened is that they ran the registration out of MO and the response did not come back in a timely manner in which case the officer may have received a notification of "no record on file" or something similar. That might have been sufficient cause for the agency to conduct the impound. It is because you do not know why it was impounded that you really need to schedule and attend a post storage hearing ASAP.
    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

  10. #10

    Default Re: Registration Not Complete, Car Towed

    Quote Quoting cdwjava
    View Post
    Now, what MIGHT have happened is that they ran the registration out of MO and the response did not come back in a timely manner in which case the officer may have received a notification of "no record on file" or something similar. That might have been sufficient cause for the agency to conduct the impound.
    Should I try to get my vehicle out first or schedule the hearing first, (it hasn't quite been 5 days yet)? Also, if the situation you spoke of (quoted above) is the case, will I be stuck with tow fees just because the police didn't get a timely response?

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