Parked Legally, then Towed for No Registration
My question involves towing laws for the State of: California
My motorcycle was towed off a city street and impounded for my registration being over 6 months late.
I was parked legally.
There is a dealer plate on it so the officer had to run my VIN to check my reg.
I was not issued a parking citation. On the tow slip it states I was towed for violating V.C. 22651(o)(1)(a):
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:
(o) (1) When a vehicle is found or operated upon a highway, public land, or an offstreet parking facility under the following circumstances:
(A) With a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility.
Since I was parked legally, didn't he need some cause to run my VIN #?
Do I have a leg to stand if I go though a "post storage hearing"?
thanks!
Re: Parked Legally, Towed for No Reg, Cause Needed
If you have a vehicle on a public street, police don't need ANY reason to run ANYTHING about the vehicle. It's all public record and probable cause isn't needed. If you want info on your vehicle to be and remain private, then you only operate it on private property. Once it's on public streets, it's fair game and all licensing and registration laws are in effect and police can check up on any vehicle for any reason to ensure that compliance is achieved.
Re: Parked Legally, then Towed for No Registration
Your vehicle was found on a public street with registration expired more than 6 months and no evidence of a temporary registration present. CVC 22651(o) applies.
The officer or parking enforcement personnel do NOT need to have cause to run a license plate or VIN #. The officer chose to run it and you got caught. Now, you can pay the appropriate registration fees and impound fees and retrieve your bike back. Or, you can let it go to lien sale. If you intend to let it go, you might consider signing it over to the tow yard before the fees rack up too high or you might be liable for the difference between the fees and what they get for the bike at the lien sale.