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  1. #1
    Join Date
    May 2010
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    3

    Default Can I Recover the Cost of a 30 Day Impound and Fines

    California

    I was recently pulled over by a cop. He claims he thought I had no seatbelt on, but he discovered I did. He then informs me that my DL was suspended. He asked me if I was aware of this and I told him no. He let me know that it was do to an unpaid fix it ticket, and then asked me if I had a licensed driver near by, and i told him my son could be there in approximate 30 mins. He then informed me that he was going to tow the vehicle and impound it for 30 days.

    It cost me nearly$2300 to get my car out.

    The spot in which i was pulled over at was a block from the police station and was legally parked on the street, and posed no danger whatsoever to traffic or pedestrians.

    Can I take them to small claims to get my money back?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can I Recover the Cost of a 30 Day Impound and Fines

    Quote Quoting unvrslscott
    View Post
    I was recently pulled over by a cop. He claims he thought I had no seatbelt on, but he discovered I did. He then informs me that my DL was suspended. He asked me if I was aware of this and I told him no. He let me know that it was do to an unpaid fix it ticket, and then asked me if I had a licensed driver near by, and i told him my son could be there in approximate 30 mins. He then informed me that he was going to tow the vehicle and impound it for 30 days.

    It cost me nearly$2300 to get my car out.

    The spot in which i was pulled over at was a block from the police station and was legally parked on the street, and posed no danger whatsoever to traffic or pedestrians.

    Can I take them to small claims to get my money back?
    You can sue anyone for anything. However, this sounds like a good tow to me. As long as the officer had reasonable suspicion for the stop and obtained your license info as a result of this stop, then it's likely all good.

    While there exists a community caretaking requirement to be coupled with such an impound, the fact that you had a licensed driver so far away and that there was a very good likelihood that you would continue to drive the car if the officer simply left you there after the citation, he opted to impound the vehicle.

    Now, you have ten days from the date of impound to schedule a post storage hearing. They must then provide this hearing within 48 hours. Since it has already been 30 days (apparently) about all you can do is ask for a hearing, hope they provide it, and see if they will give you an explanation of the community caretaking element to justify the tow. Understand it does not take a lot to make this justification.

    You might also argue that you were unaware of the suspension. However, if the suspension order was mailed and not returned, or other good service was indicated on the DMV printout the police relied on, then that argument is done for, too. Unless the DMV printout indicated that service was needed, then even that argument is gone. Plus, the time to have made THAT argument would have been within those first ten days.

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