My question involves a vehicle impoundment in the state of: CA
This is a two part question regarding a 30 day impoundment resulting from a reckless driving citation CVC 23103(b) for doing a donut. I was cited and told I would need to find a ride home as my car was being impounded. No alcohol, valid drivers license, current registration. On the inventory/tow report, under Storage Authority CVC 22651(h) was listed. This is defined as follows:
CVC22651
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:
(h) (1) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
Looking at it from a legal perspective on whether I have grounds to pursue for reimbursement?
1.) The code clearly states the individual must be taken into custody as a requirement. I was never taken into custody. Is this a lawful seizure/impound under CVC 22651(h)?
2.) If the citation is dismissed/thrown out by the citing department never reaching the DA's office (never charged), would I be subject to reimbursement of tow/impound fees. The way I am interpreting the CVC I would. See below
CVC 23109.2.(e)(4) - The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs
CVC 23109.2.(e)(6) - The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c).
Anyone have any experience around this scenario? Appreciate all input.
This is a two part question regarding a 30 day impoundment resulting from a reckless driving citation CVC 23103(b) for doing a donut. I was cited and told I would need to find a ride home as my car was being impounded. No alcohol, valid drivers license, current registration. On the inventory/tow report, under Storage Authority CVC 22651(h) was listed. This is defined as follows:
CVC22651
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:
(h) (1) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.
Looking at it from a legal perspective on whether I have grounds to pursue for reimbursement?
1.) The code clearly states the individual must be taken into custody as a requirement. I was never taken into custody. Is this a lawful seizure/impound under CVC 22651(h)?
2.) If the citation is dismissed/thrown out by the citing department never reaching the DA's office (never charged), would I be subject to reimbursement of tow/impound fees. The way I am interpreting the CVC I would. See below
CVC 23109.2.(e)(4) - The owner is not liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs
CVC 23109.2.(e)(6) - The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to paragraph (3) of subdivision (c).
Anyone have any experience around this scenario? Appreciate all input.
Impound: Unlawful Impound
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