My question involves a traffic ticket from the state of: California.
Ticket Information:
*Uncorrectable* 23109 (C) VC Speed Contest *Misdemeanor*
Setting:
(I was not present) My brother was driving my car in an area where illegal street racing was taking place; this area is also known for illegal street racing, I was told by a female officer; mentioned below. My brother was talking to his friend while they were, both in the cars they were driving, in the middle of the street getting ready to leave.
Evidence:
The police showed up and began writing tickets. My brother and his friend both got tickets and got the cars they were driving impounded. There were two other drivers behind them but they only got tickets. As far as I know them two were the only ones that were impounded.
He was given a ticket for being in an area known for street racing and being in the middle of the street as if he was getting ready to race. Although he was stopped and not moving, this was enough substantial evidence to go as far as to tow and impound the car.
Me and my brother went to the police station on the next business day and talked with the receptionist. She mentioned we had to wait for an armed officer to speak with us and that they are only available from open till 12pm.
My First Fishing for Information Conversation:
Once the armed officer showed up she began by asking if it was my car. I said yes. She then asked if I knowingly lent my brother the car. I said yes. She then asked if I had another car. I said yes and also added that it is unreliable and breaks down all the time. She then said based on what you said I cannot release the car to you, the registered owner, until the 30 days are up or after you see the judge; the court date is set 44 days after the ticket was written. My brother then said he was told by the officer that gave him the ticket that the owner of the car will not have to wait for 30 days to retrieve the car. She then showed us a yellow paper that had 30 days checked off on the top left hand corner and said, then why would they have checked this off? I then said that I cannot wait that time as I need my car. She then replied well you have the other car you mentioned. I then repeated it's unreliable and breaks down all the time. She then said there's nothing I can do and walked away.
Help I have Found:
Currently I have been searching for information that can help me out. I have found that I can request for a "Post-Storage" hearing within 10 days of the ordered impound. I would then be entitled for a hearing within 48 hours, assuming the next few days are business days. Please correct me here if I am wrong.
Here are some Questions that I have.
1. Can they deny me from releasing my car so that I can use it to go to work, etc.
2. Was there enough substantial evidence for my brother to have the car taken away and not allow me to retrieve because I have an unreliable car already.
3. Can I request a "Post-Storage" hearing? Can this be denied given this specific situation?
4. What other options do I have to release my car early so that I do not have to pay $1800 to $2000 in storage and impound fees?
I ask for your help as I don't have real life experience with the law as I am an average person that works and goes to school. I have done nothing illegal, yet I feel like I am getting treated as a criminal; having my words used against me. I really respect officers of the law, but this encounter is having me rethink it. I now feel that I cannot talk to an officer of the law without fear of feeling that my words will be used against me; even though I have done nothing legally wrong, but rather just trying to live an honest life.
Ticket Information:
*Uncorrectable* 23109 (C) VC Speed Contest *Misdemeanor*
Setting:
(I was not present) My brother was driving my car in an area where illegal street racing was taking place; this area is also known for illegal street racing, I was told by a female officer; mentioned below. My brother was talking to his friend while they were, both in the cars they were driving, in the middle of the street getting ready to leave.
Evidence:
The police showed up and began writing tickets. My brother and his friend both got tickets and got the cars they were driving impounded. There were two other drivers behind them but they only got tickets. As far as I know them two were the only ones that were impounded.
He was given a ticket for being in an area known for street racing and being in the middle of the street as if he was getting ready to race. Although he was stopped and not moving, this was enough substantial evidence to go as far as to tow and impound the car.
Me and my brother went to the police station on the next business day and talked with the receptionist. She mentioned we had to wait for an armed officer to speak with us and that they are only available from open till 12pm.
My First Fishing for Information Conversation:
Once the armed officer showed up she began by asking if it was my car. I said yes. She then asked if I knowingly lent my brother the car. I said yes. She then asked if I had another car. I said yes and also added that it is unreliable and breaks down all the time. She then said based on what you said I cannot release the car to you, the registered owner, until the 30 days are up or after you see the judge; the court date is set 44 days after the ticket was written. My brother then said he was told by the officer that gave him the ticket that the owner of the car will not have to wait for 30 days to retrieve the car. She then showed us a yellow paper that had 30 days checked off on the top left hand corner and said, then why would they have checked this off? I then said that I cannot wait that time as I need my car. She then replied well you have the other car you mentioned. I then repeated it's unreliable and breaks down all the time. She then said there's nothing I can do and walked away.
Help I have Found:
Currently I have been searching for information that can help me out. I have found that I can request for a "Post-Storage" hearing within 10 days of the ordered impound. I would then be entitled for a hearing within 48 hours, assuming the next few days are business days. Please correct me here if I am wrong.
Here are some Questions that I have.
1. Can they deny me from releasing my car so that I can use it to go to work, etc.
2. Was there enough substantial evidence for my brother to have the car taken away and not allow me to retrieve because I have an unreliable car already.
3. Can I request a "Post-Storage" hearing? Can this be denied given this specific situation?
4. What other options do I have to release my car early so that I do not have to pay $1800 to $2000 in storage and impound fees?
I ask for your help as I don't have real life experience with the law as I am an average person that works and goes to school. I have done nothing illegal, yet I feel like I am getting treated as a criminal; having my words used against me. I really respect officers of the law, but this encounter is having me rethink it. I now feel that I cannot talk to an officer of the law without fear of feeling that my words will be used against me; even though I have done nothing legally wrong, but rather just trying to live an honest life.
My Brother Got My Car Taken Away with a 23109 (C) VC Speed Contest Ticket
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