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  1. #1
    Join Date
    Apr 2011
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    Talking How to Get an Early Release of an Impounded Vehicle

    My question involves a traffic ticket from the state of:CALIFORNIA.... OK...IM A BIT OF A WRECK AT THE MOMENT, PLEASE BEAR WITH ME...MY FRIEND BORROWED MY CAR TODAY...HE GOT INTO AN ACCIDENT, HE CALLED RIGHT AFTER IT HAPPENED,AND TOLD ME HE HAS A SUSPENDED DRIVERS LICENSE.. YA,NICE TO KNOW AFTER THE FACT...I WOULD LIKE TO SAY ALSO, NO ONE WAS HURT, THE OTHER DRIVER WAS NOT INJURED, AND HER CAR HAD ONLY MINOR DAMAGE...MY CAR HAD TO BE TOWED FROM SCENE DUE TO DAMAGE OF RIGHT FRONT, RIGHT FRONT FENDER AND TIRE.,CHP IS SAYING THEY ARE IMPOUNDING MY CAR,FOR 30 DAYS...BECAUSE OF HIS SUSPENDED LICENSE.CAN THEY DO THAT?ITS NOT HIS CAR..I DIDNT KNOW HIS LICENSE WAS SUSPENDED..IM ALREADY OUT, MY CAR, DUE TO DAMAGE, A $500 DEDUCTIBLE,(OHH NOOO,HOPEFULLY MY INSURANCE WILL COVER ACCIDENT AS IT IS, DUE TO MY NOT BEING THE DRIVER??),AND NOW IM BEING TOLD I HAVE TO PAY FOR A 30DAY IMPOUND HOLD.IS THIS TRUE? AS THE REGISTERED OWNER, CANT I HAVE THE VEHICLE RELEASED BEFORE THE 30 DAYS?AS I HAVE A VALID CA DRIVERS LICENSE, FULL COVERAGE INSURANCE, AM PROPERLY REGISTERED, AND ALSO HAVE A CLEAN DRIVING RECORD.. BTW...THE REASON FOR THE ACCIDENT, OR CAUSE OF, WAS THE LADY DRIVING IN FRONT OF MY FRIEND, AT 40MPH, SEEN THE CHP SITTING ON SIDE OF THE ROAD UP AHEAD AND SLAMMED ON HER BRAKES, MADE A COMPLETE STOP IN THE MIDDLE OF A 2 LANE COUNTRY ROAD... FOR NO REASON OTHER THAN SHE SEEN THE CHP..I UNDERSTAND THATS A REAR ENDING,OR A FOLLOWING TO CLOSE...YET, SHE CAUSED THE ENTIRE ACCIDENT.I DO UNDERSTAND AT TIMES PEOPLE DO MAKE COMPLETE STOPS IN THE MIDDLE OF THE ROAD, FOR VARIOUS REASONS..BUT THERE WERE NO DRIVEWAYS, OR ANIMALS, OR ROAD HAZARDS, OR ANYTHING...SHE JUST SLAMMED ON HER BRAKES..AN I DO QUESTION, IS THAT OK??I MEAN, IF I WANT A NEW CAR, OR A PAINT JOB, OR MAYBE A LITTLE CASH, I COULD JUST SLAM ON MY BRAKES FOR NO REASON AT ALL AND THE CAR BEHIND ME WOULD BE AUTOMATICALLY AT FAULT, AND I WOULD GET WHATEVER I COULD OUTTA THE UNAWARE PERSON BEHIND ME..(IM JUST SAYING,TODAY,THERE ARE MANY SCAMMERS OUT THERE.AND SHE WOULDN'T SAY, WHEN ASKED BY MY FRIEND WHY SHE STOPPED IN THE MIDDLE OF THE ROAD.) ..MY 2006 FORD FOCUS, ACCORDING TO MY FRIEND(HES A MECHANIC, FOR 20+YEARS)DIDNT STOP, BUT SLID RIGHT INTO HER..IM NOT SURE IF BRAKING SYSTEM SHOULD DO THAT,HOWEVER I CANT DO ANYTHING AT THIS POINT...DUE TO MY CAR BEING HELD FOR 30DAYS...HELP!!!!!!!!!!!WHAT DO I DO???IS THIS RIGHT? IS IT LEGAL? IS THERE A WAY TO NOT BE PENALIZED FURTHER FOR LENDING MY CAR TO MY FRIEND,BUT FAILED TO TELL ME HIS LICENSE WAS SUSPENDED..(ALSO ,HIS LICENSE WAS ORIGINALLY SUSPENDED, DUE TO A EXPIRED REGISTRATION, PROOF OF INSURANCE CITATION HE NEVER TOOK CARE OF..SO WHEN IT WAS TIME TO RENEW HIS CDL,THE DMV HELD IT..IT WAS NOT SUSPENDED FOR ANY DUI, OR SPEEDING OR THINGS OF THAT NATURE..I DIDNT KNOW IF THAT MAKES ANY DIFFERENCE...BUT THOUGHT I WOULD INCLUDE IT FOR YOU.AS, I DEMANDED TO KNOW..(A LITTLE TO LATE)..I REALLY CANT AFFORD THIS.I GOT LAID OFF, MY UNEMPLOYMENT JUST RAN OUT,IM A SINGLE MOM,AND NOW IM CAR LESS, TOO..I DONT KNOW WHAT TO DO..ANY IDEAS??I HAVENT EVEN CALLED MY INSURANCE YET. THE CHP, SAID ANY INFORMATION REGARDING OTHER DRIVER, AND THE ACCIDENT WAS TO BE OBTAINED, ONLY BY THE OFFICERS REPORT..SO I DONT KNOW WHAT TO EVEN TELL MY INSURANCE COMPANY.. I HAVE ZERO INFORMATION TO GIVE THEM, BUT WILL CALL MY AGENT FIRST THING TOMORROW MORNING.THANK YOU IN ADVANCE FOR ANY AND ALL ADVICE..AND I WOULD LIKE TO ASK, PLEASE DONT RESPOND IF YOU WISH TO SIMPLY CRITICIZE ME..IM ALREADY FEELING PRETTY STUPID AND REALLY DONT NEED ANY OF THAT..

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    For starters pleaseturnoffyourCAPSLOCKkey.TypinginALLCAPSmakesy ourpostsEXTREMENLYdifficulttoread.Icanassureyoutha twecanbestansweryourquestionsifwecanreadandunderst andyourposts.Thanks!

    Quote Quoting dynodebbie
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    CHP IS SAYING THEY ARE IMPOUNDING MY CAR,FOR 30 DAYS...BECAUSE OF HIS SUSPENDED LICENSE.CAN THEY DO THAT?
    Yes they can. Assuming the officer cited your friend for driving while suspended, or driving while unlicensed, then pursuant to CVC section 22651(p), then can impound the vehicle he was driving for 30 days.

    Quote Quoting dynodebbie
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    (OHH NOOO,HOPEFULLY MY INSURANCE WILL COVER ACCIDENT AS IT IS, DUE TO MY NOT BEING THE DRIVER??)
    Well, they may deny coverage because you were not driving, they may deny coverage because your friend's license was suspended, but, they may not care about either of those facts... It all depends on the terms of your policy and you won't find out until you call them!

    Quote Quoting dynodebbie
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    AS THE REGISTERED OWNER, CANT I HAVE THE VEHICLE RELEASED BEFORE THE 30 DAYS?AS I HAVE A VALID CA DRIVERS LICENSE, FULL COVERAGE INSURANCE, AM PROPERLY REGISTERED, AND ALSO HAVE A CLEAN DRIVING RECORD..
    I cannot promise that the CHP will have someone to handle your matter tomorrow (they may), but yes, you maybe able to get your vehicle released prior to the end of the 30 day hold period if you meet some certain conditions.

    You can read the provisions of CVC 22852 which would allow you the opportunity to request a "post-storage" hearing within 10 days of the date the impound was ordered during which you can try and make your case for the release of your vehicle.

    The agency the ordered the tow must grant you such hearing within 48 hours of your request (excluding holidays and weekends -and hence why I said they may not be able to help you tomorrow - but at least you can get the required info and wait until Monday).

    First and foremost, I would suggest that you lighten up on the drama... Then once you've done that, you can contact the CHP station where the officer who order the hold (towed and impounded your vehicle) is stationed out of. And they should be able to explain how to go about requesting the hearing and what you must bring with you. (MY guess is that your friend was given some papaer-work with information regarding who to contact regarding the status of the vehicle).

    Quote Quoting dynodebbie
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    BTW...THE REASON FOR THE ACCIDENT, OR CAUSE OF, WAS THE LADY DRIVING IN FRONT OF MY FRIEND, AT 40MPH, SEEN THE CHP SITTING ON SIDE OF THE ROAD UP AHEAD AND SLAMMED ON HER BRAKES, MADE A COMPLETE STOP IN THE MIDDLE OF A 2 LANE COUNTRY ROAD... FOR NO REASON OTHER THAN SHE SEEN THE CHP..
    Is that your friends version of the story or were you able to verify that through an independent third party?

    Quote Quoting dynodebbie
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    I UNDERSTAND THATS A REAR ENDING,OR A FOLLOWING TO CLOSE...YET, SHE CAUSED THE ENTIRE ACCIDENT.I DO UNDERSTAND AT TIMES PEOPLE DO MAKE COMPLETE STOPS IN THE MIDDLE OF THE ROAD, FOR VARIOUS REASONS..BUT THERE WERE NO DRIVEWAYS, OR ANIMALS, OR ROAD HAZARDS, OR ANYTHING...SHE JUST SLAMMED ON HER BRAKES..AN I DO QUESTION, IS THAT OK??
    Accidents don't happen because people do things that are OK... It does sound however, that this lady stopped abruptly, your friend was either driving too fast for the conditions, or was driving to close to her car and that he was unable to stop in time to avoid a collision. I know you don't want to hear this nor will you believe it, but that kinda sorta makes it mainly his fault! However, this, again, is based on the version of the story you presented here... If the facts/details change, then the outcome might change as well... So don't quote me on that!

    I assume since you mentioned the CHP, that it is likely that they will issue an accident report, although that may take a week or two... Additionally, and assuming your insurer is going to accept a claim, then they will also investigate and come to an independent finding as to who's fault it was, and the claim will be settled between both parties/insurers accordingly. If you find that your insurer is going to deny the claim, then your friend will have to settle matters with the other driver's insurer if she is insured, or settle the matter between him and her if she's not.

    Quote Quoting dynodebbie
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    I MEAN, IF I WANT A NEW CAR, OR A PAINT JOB, OR MAYBE A LITTLE CASH, I COULD JUST SLAM ON MY BRAKES FOR NO REASON AT ALL AND THE CAR BEHIND ME WOULD BE AUTOMATICALLY AT FAULT, AND I WOULD GET WHATEVER I COULD OUTTA THE UNAWARE PERSON BEHIND ME..(IM JUST SAYING,TODAY,THERE ARE MANY SCAMMERS OUT THERE.AND SHE WOULDN'T SAY, WHEN ASKED BY MY FRIEND WHY SHE STOPPED IN THE MIDDLE OF THE ROAD.) ..MY 2006 FORD FOCUS, ACCORDING TO MY FRIEND(HES A MECHANIC, FOR 20+YEARS)DIDNT STOP, BUT SLID RIGHT INTO HER..IM NOT SURE IF BRAKING SYSTEM SHOULD DO THAT,HOWEVER I CANT DO ANYTHING AT THIS POINT...DUE TO MY CAR BEING HELD FOR 30DAYS...HELP!!!!!!!!!!!WHAT DO I DO???IS THIS RIGHT? IS IT LEGAL? IS THERE A WAY TO NOT BE PENALIZED FURTHER FOR LENDING MY CAR TO MY FRIEND,BUT FAILED TO TELL ME HIS LICENSE WAS SUSPENDED..(ALSO ,HIS LICENSE WAS ORIGINALLY SUSPENDED, DUE TO A EXPIRED REGISTRATION, PROOF OF INSURANCE CITATION HE NEVER TOOK CARE OF..SO WHEN IT WAS TIME TO RENEW HIS CDL,THE DMV HELD IT..IT WAS NOT SUSPENDED FOR ANY DUI, OR SPEEDING OR THINGS OF THAT NATURE..I DIDNT KNOW IF THAT MAKES ANY DIFFERENCE...BUT THOUGHT I WOULD INCLUDE IT FOR YOU.AS, I DEMANDED TO KNOW..(A LITTLE TO LATE)..I REALLY CANT AFFORD THIS.I GOT LAID OFF, MY UNEMPLOYMENT JUST RAN OUT,IM A SINGLE MOM,AND NOW IM CAR LESS, TOO..I DONT KNOW WHAT TO DO..ANY IDEAS??I HAVENT EVEN CALLED MY INSURANCE YET. THE CHP, SAID ANY INFORMATION REGARDING OTHER DRIVER, AND THE ACCIDENT WAS TO BE OBTAINED, ONLY BY THE OFFICERS REPORT..SO I DONT KNOW WHAT TO EVEN TELL MY INSURANCE COMPANY.. I HAVE ZERO INFORMATION TO GIVE THEM, BUT WILL CALL MY AGENT FIRST THING TOMORROW MORNING.THANK YOU IN ADVANCE FOR ANY AND ALL ADVICE..AND I WOULD LIKE TO ASK, PLEASE DONT RESPOND IF YOU WISH TO SIMPLY CRITICIZE ME..IM ALREADY FEELING PRETTY STUPID AND REALLY DONT NEED ANY OF THAT..
    OK, I don't see anything that needs to be addressed there other than what I have stated... So again, lighten up on the drama, pay special attention to what the CHP tells you with regards to having your vehicle released, contact your insurer to attempt to file a claim with them. I don't know if your vehicle is drivable or not, but assuming they are going to cover the damage, you should ask your insurer where you should have your car moved to once you get it released, they will want to inspect the vehicle to assess the damage and process a possible claim.

    Good luck!

    Let me also add that it would be in your friends best interest to start working on re-instating his license no matter what the reason it was suspended. This will certainly lighten up on the amount of penalties that he will likely face as a result of this latest incident.

  3. #3
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    from the code link thatguy provided:

    (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.

    So read the ticket, it should give the statue citation ... if OK for you to get, then try and get it ... if they refuse, get the person's name & keep a record of it; if they unlawfully make you wait 30 days, then sue them for the money back..


    Also ... http://dmv.ca.gov/pubs/vctop/d11/vc22655_5.htm

    22655.5. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the territorial limits in which the officer may act under the following circumstances:

    (a) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle was used as the means of committing a public offense.

    (b) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed.

    (c) Notwithstanding Section 3068 of the Civil Code or Section 22851 of this code, no lien shall attach to a vehicle removed under this section unless the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicle.

    (d) In any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutor may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges imposed pursuant to Section 22850.5.

    (e) This section shall become operative on January 1, 1993.
    Amended Ch. 1515, Stats. 1990. Effective January 1, 1991.
    Repealed Ch. 1515, Stats. 1990. Effective January 1, 1991. Operative January 1, 1993.
    Added Ch. 1515, Stats. 1990. Effective January 1, 1991. Operative January 1, 1993.
    Amended Ch. 614, Stats. 1993. Effective January 1, 1994.
    Amended Sec. 12, Ch. 1142, Stats. 1996. Effective September 30, 1996.


    I think you may be able to get your car back..depends on the ticket ... I also think that 22655.5 is too vague when it talks about "public offense"; does this mean a criminal act ???

  4. #4
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    Call the CHP area office which was responsible for the towing of your vehicle. Set up a tow hearing with the administration Sergeant or Lieutenant. If you did not know your vehicle was being driven by an unlicensed person you should get your vehicle released (no guarantee since I don't know the facts). However, the driver may have said you knew his license was suspended, making the officer impound your car for 30 days.


    This should answer the question. "CAN THEY DO THAT..."

    14602.6. (a) (1) Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving a vehicle while his or her driving privilege is restricted pursuant to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver’s license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days.
    Yes, we can. It's a good way to ensure they don't drive for the next 30 days. It should also serve as a reminder to you to not randomly let others borrow your car without making sure they have a valid license...

    ..I DONT KNOW WHAT TO DO..ANY IDEAS??I HAVENT EVEN CALLED MY INSURANCE YET. THE CHP, SAID ANY INFORMATION REGARDING OTHER DRIVER, AND THE ACCIDENT WAS TO BE OBTAINED, ONLY BY THE OFFICERS REPORT..SO I DONT KNOW WHAT TO EVEN TELL MY INSURANCE COMPANY.. I HAVE ZERO INFORMATION TO GIVE THEM, BUT WILL CALL MY AGENT FIRST THING TOMORROW MORNING
    Your friend should have been given a collision card with a temporary report number written on it. That is all you need to call your insurance. You do not need the other driver's information or anything. If you do not have the collision card, you need to still call your insurance and tell them your car was involved in a collision and give them the date, approx time and tell them the CHP is taking a report on it. They will still get the report, because that is the job of the insurance company. (Even if the report is not complete, the insurance company will be able to obtain at the minimum the first two pages of the report, which lists drivers, vehicles, and the driver assigned fault). On the reverse side of the collision card explains DMV-SR-1 reporting requirements which YOU are required to do. It's important to do...

    Your friend was either,
    A) Lying to you about the accident
    B) Bending the truth to make him sound innocent (lying)
    C) Fibbing (lying)
    D) Telling you the partial truth (semi-lying)
    E) Exaggerating to make him sound less at fault (semi-lying)

    Who knows, the officer could have told the lady in front to stop, which she may have done. That could explain the reason why she stopped. Who knows, you weren't there and neither was I. 99% of rear ends are caused by unsafe speed or following too close (which I think is more believable in this case).

    Bottom line is there is no rewind button to make it all disappear. Do whatever you need to fix it, or don't. Sounds like your friend owes you a lot now...

  5. #5
    Join Date
    Apr 2011
    Posts
    4

    Red face Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    ok...sorry about the drama, I know I was a bit excited, and also the caps, as like I said..i was a bit excited...and even more so, angry, due to getting yelled at by my "friend" when I asked him what happened, a second time, he literally blew up at me....good news to report...once I found out which county had impounded the vehicle, (the officer told me i had to go to chp office 30 miles from my city, in the wrong county, btw...)i got the vehicle released without any problem or fuss.I simply had to go to chp office, with my valid cdl and bring with me, another licensed driver.We showed our valid cdl's and chp released the vehicle.As for my insurance company, yes, they are covering it, and the tow, and fee for storage, as my vehicle wasnt drivable.. so whew...so far so good.As I was trying to get a ride, and a 2nd licensed driver,I was really shocked how many people I know, dont have a valid cdl!!!!I normally am not one to loan my car to ANYONE, and this whole situation, re-enforces my usual answer of, "NO!!!"...that I give...as for the future of letting anyone borrow my car....no way....no how...Ive learned a huge lesson, and wont forget it any time soon...as for my 'friend' well my insurance company is going to be going after him for the cost of this entire accident...however in his defense(and dont think I do so, lightly) where the accident happened was a winding mountain road...it could have happened to anyone. To round that curve and have a vehicle stopped, I couldnt say i wouldnt have hit the car either...Im really thankful and grateful no one got hurt.Thats the most important thing. As vehicles can be repaired and replaced, but people cant. I thank,and have great respect for all law enforcement officers, for risking their lives everyday, they go to work, to keep us all safe.. and I thank you all,for your help....

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
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    Default Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    14602.6. (a) (1) Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving a vehicle while his or her driving privilege is restricted pursuant to Section 13352 or 23575 and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver’s license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days.

    So, the question from this statue is this : is the word "shall" mandatory with this statue. Most statues that have the word "shall" it is mandatory but it is examined on a case by case basis. I would think that the word shall here, is not mandatory.

    The statue allows the officer to decide to impound .. so that part is not mandatory & for that reason, I think that the 30 day provision is also not mandatory

    ... to see if a part is mandatory one must look at the statues intent ... here it is to get the car off the road so that only a licensed driver can retrieve it. Clearly, this 30 days is not meant to be a punishment (otherwise cops become judges in this statue, right?) --- the 30 days is not mandatory IMO.

    Ask for the car back...GO TO THE POUND and demand it back (make a record of the encounter -- ask them to sign a refusal form)...then if they refuse, you can sue for damages in small claims.

    Quote Quoting dynodebbie
    View Post
    I thank,and have great respect for all law enforcement officers, for risking their lives everyday, they go to work, to keep us all safe.. and I thank you all,for your help....
    According to OSHA; police officers and fireman's on the job death rate is one of the lowest per occupations ... FYI (the unions use this argument for better pay/benefits) ... logically, this argument fails. My occupation has a job related death rate 1.5x that of police officers...am I a hero? No. And I respect all people, not just cops .. you should too.

  7. #7
    Join Date
    Nov 2007
    Location
    Northern California
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    832

    Default Re: Can I Get My Vehicle Released Before 30days Impound,when I Wasnt Driving the Vehi

    I'm glad to see it worked out for you in the end.

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