No Driver's License, 30 Day Impound in California 22852 22651(P)

[BummerJack]

My question involves towing laws for the State of: California

My sister-in-law had her car impounded after she was pulled over for driving without a drivers license. Her car is at a tow yard with a 30-day hold.

The reason for the impound was cvc 22651(p) - suspended license
and the notice says it was impounded under provision of section 22852.

My question is can I get her car out of impound now since I have a drivers license? Or is there a way to get it out before the 30 day hold is completed?

If it must be there for 30 days, can I get it for her at that time?

I have searched the internet and cannot find any clear information on what her or my options are.

[Mr. Knowitall]

A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under the following circumstances:

(p) When the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded pursuant to Section 22655.5. A vehicle so removed from the highway or public land, or from private property after having been on a highway or public land, shall not be released to the registered owner or his or her agent, except upon presentation of the registered owner’s or his or her agent’s currently valid driver’s license to operate the vehicle and proof of current vehicle registration, or upon order of a court.

If you are going to try to act as her agent, you will need proof of agency. A properly executed power of attorney will probably suffice.

The hold is under CVC 14602.6 and 14607.6? If so and you want it back sooner, she needs to get a license and document proper insurance for the vehicle. Under CVC 14604, the owner of a motor vehicle has the duty to assure the person driving their car has a valid license.

[BummerJack]

Thanks for the info. I read that part about an agent but do not know what it means. I went to the CA dmv website and the only references to agent I could find seemed to refer to agents being employed by a business owner so it seemed to mean an employee. There was a document called agent autthorization form, http://www.dmv.ca.gov/forms/inf/inf3.pdf
Do you think that is something for non-commercial use? Or who should I contact to find out how to become her agent? I know you mentioned a power of attorney but what kind of attorney should I look for? Thanks.

[cdwjava]

Ask the agency what they would accept as proof of representation. Some agencies might accept a notarized document, others might accept a hand written letter with a phone number so they can contact the owner and obtain some further details of their identity.

The agency should be able to tell you what would be acceptable.

I have accepted hand written letters and even simple phone calls from owners when I could verify the identity of the person writing the letter or doing the calling. This agency's requirements may be more stringent.

- Carl

[BummerJack]

Thanks, I'll give them a call and see what they say.

[BummerJack]

Ok, I spoke with the agency but they said we still needed to wait until the 30 day hold has passed. My objective was to find a way to get the car before the 30 day hold to help her avoid $30/day storage charges + fees...it will end up costing over $1000 just for the tow+storage...I guess there is no way around it? They said I could use the power-of-attorney after the 30-days, but that doesn't really help any.

[cdwjava]

Even if you got the hearing, there is no guarantee they will release the car. While you could go over the head of whoever you spoke to and demand a hearing (CVC 22852 provides that the owner or his or her agent can have the hearing), chances are great they would not release it anyway. She was operating the vehicle without a license, and presumably she has never HAD a license (hence the reason it was impounded for 30 days pursuant to CVC 14602.6). If I were the hearing officer, I would probably not release her car back to her early, either.

She fouled up. And, next time, she may well go to jail.

- Carl

[That Guy]

In addition to what Carl has stated, 22852(b)(4) gives the owner/agent 10 days from the date of the notice of the storage.

If you just inquired about a Poststorage Hearing today, and assuming the vehicle was impounded on or about the 12th of August (maybe even before), you were well past the 10 day requirement pursuant to that code section.

Furthermore, subsection (d) also adds: Failure of either the registered or legal owner, or his or her agent, to request or to attend a scheduled hearing shall satisfy the poststorage hearing requirement.

[cdwjava]

Given the circumstances, even a timely request would have almost certainly resulted in a refusal to release the vehicle early.

And many agencies will allow a hearing even beyond the ten day mandate. Mine will. But, well, there's really no justification that has been articulated here that might give a hearing officer anything to point to even if he were sympathetic for som reason. This is the specific type of driver and vehicle owner for whom the section was enacted.

- Carl