Car Impoundments (English)
Content
WHAT YOU SHOULD KNOW
The law says that the impoundment of a car only because the driver is unlicensed [without considering the community caretaker doctrine explained below] is an unreasonable seizure under the 4th Amendment of the Constitution. Under the community caretaker doctrine, your car should not be towed unless it is parked where it is a risk to public safety, would be inconvenient to other drivers, delays traffic, or might be stolen or vandalized if left alone.
6. You may be given a ticket for driving without a license license. a. By signing you are only assuring your presence at traffic court. If you choose not to sign, you can be arrested and detained.
Ask the officer if you can have a licensed driver pick up the vehicle or if you can leave the car parked.
At your hearing you can discuss mitigating hearing, circumstances (need for transportation for work, school misunderstanding, etc.) to school, get your car before the end of the 30 day period.
• You do not need to be represented by an attorney at your hearing and the hearing will be conducted by an officer not a judge.
If you do not have a valid driver’s license and there is no licensed driver available to pick up or move your car it will likely be towed unless: car, • • It is not a risk to public safety, inconvenient to other drivers, or causes delays in traffic & It would be safe if left parked and alone.
If you are unsuccessful in your appeal or choose not to appeal make sure you find out about your city and its impound lots policies around fees for s lots’ unclaimed cars and auctions. If You Don’t Or Can’t Retrieve Your Car: 1. After 30 days in impound your car may be sold at a public auction so the towing agency can recoup its costs. 2. If the car is sold the registered owner may sold, still be on the hook for any costs not covered by the sale.
WHAT YOU SHOULD DO
Pulled Over Without A Valid Driver’s License?***
1. Immediately park in a legal & safe location (watch for red zones, parking restrictions, fire hydrants, etc and avoid these areas). 2. Stay calm and follow the officer’s directions. If the officer asks for your name you can provide it. 3. The officer may ask you for your license and registration. Provide these materials if you have them. DO NOT use false documents. 4. Ask the officer why he stopped you and if you are free to go. 5. You DO NOT have to answer any questions about your immigration status; any information provided (such as country of origin or length of presence in the US) could be used against you. ***AB 353 only applies to stops at checkpoints
What To Do If Your Car Is Towed:
1. To get the car back the owner of the car or someone acting on his/her behalf must: a. provide proof of registration for the car and a valid driver’s license b. pay the towing and storage fees for the car. 2. If your car is impounded for 30 days, you have the right to a hearing on the impoundment. 3. If you are going to request a hearing, do so as soon as possible, impound fees add up daily. 4. Unless the impounding agency notifies the legal owner of the car within 2 working days by certified mail of the impound, the owner cannot be charged for more than 15 days of storage and towing fees
You can contact the law enforcement agency that ordered the impoundment immediately by phone, letter or in person to request a hearing.
BEFORE YOU GET ON THE ROAD
1. Make sure your registration and insurance is up to date date. 2. Make sure your car complies with all vehicle code restrictions a. Avoid hanging items from your void rearview mirror, make sure your tail lights are working, etc. 3. Review your city’s impound policy and ask yo City Council to do the your same a. Do the policy allow time for a Does licensed driver to pick up a vehicle before it’s impounded as is the case at checkpoints checkpoints? b. Does your police department view a 30 day impound as mandatory or discretionary?
Attention California Peace Officer
“…If the impound cannot be shown to be based upon a lawful arrest, where the vehicle is evidence in the underlying case, or pursuant to the community caretaking policy, merely citing a state statute which authorizes seizure will not overcome the constitutional prohibition of taking property without a warrant.”
TO LEARN MORE ABOUT YOUR RIGHTS CONTACT:
Car Impoundments Know Your Rights
ACLU of Southern California Orange County Office 2100 N. Broadway, Suite 209 Santa Ana, CA. 92706
“The Ninth Circuit…recently ruled, in…Miranda v. City of Cornelius, that impounding vehicles, when the only charge is driving without a license, was unconstitutional if there is no justification under the “community caretaker” doctrine.” “The Court also rejected the argument that impounding the vehicle deterred the driver “…from repeating this illegal activity in the future.” The Court stated that “(w)hile the Supreme Court has accepted a deterrence rationale for civil forfeitures of vehicles that were used for criminal activity, the deterrence rationale is incompatible with the principles of the community caretaking doctrine….the purpose of the community caretaking function is to remove vehicles that are presently impeding traffic or creating a hazard.”
Martin J. Mayer, Esq. Legal counsel to California Sheriffs (CSSA); California Police Chiefs (CPCA); and California Peace Officers’ Association.
This publication is for educational purposes only; it is not intended as, and is not a substitute for, legal advice.
American Civil Liberties Union of Southern California
If you feel you were mistreated you can file a complaint with your local law enforcement agency or contact your local ACLU. If you do submit a complaint be sure to keep a copy.
The law says that the impoundment of a car only because the driver is unlicensed [without considering the community caretaker doctrine explained below] is an unreasonable seizure under the 4th Amendment of the Constitution. Under the community caretaker doctrine, your car should not be towed unless it is parked where it is a risk to public safety, would be inconvenient to other drivers, delays traffic, or might be stolen or vandalized if left alone.
6. You may be given a ticket for driving without a license license. a. By signing you are only assuring your presence at traffic court. If you choose not to sign, you can be arrested and detained.
Ask the officer if you can have a licensed driver pick up the vehicle or if you can leave the car parked.
At your hearing you can discuss mitigating hearing, circumstances (need for transportation for work, school misunderstanding, etc.) to school, get your car before the end of the 30 day period.
• You do not need to be represented by an attorney at your hearing and the hearing will be conducted by an officer not a judge.
If you do not have a valid driver’s license and there is no licensed driver available to pick up or move your car it will likely be towed unless: car, • • It is not a risk to public safety, inconvenient to other drivers, or causes delays in traffic & It would be safe if left parked and alone.
If you are unsuccessful in your appeal or choose not to appeal make sure you find out about your city and its impound lots policies around fees for s lots’ unclaimed cars and auctions. If You Don’t Or Can’t Retrieve Your Car: 1. After 30 days in impound your car may be sold at a public auction so the towing agency can recoup its costs. 2. If the car is sold the registered owner may sold, still be on the hook for any costs not covered by the sale.
WHAT YOU SHOULD DO
Pulled Over Without A Valid Driver’s License?***
1. Immediately park in a legal & safe location (watch for red zones, parking restrictions, fire hydrants, etc and avoid these areas). 2. Stay calm and follow the officer’s directions. If the officer asks for your name you can provide it. 3. The officer may ask you for your license and registration. Provide these materials if you have them. DO NOT use false documents. 4. Ask the officer why he stopped you and if you are free to go. 5. You DO NOT have to answer any questions about your immigration status; any information provided (such as country of origin or length of presence in the US) could be used against you. ***AB 353 only applies to stops at checkpoints
What To Do If Your Car Is Towed:
1. To get the car back the owner of the car or someone acting on his/her behalf must: a. provide proof of registration for the car and a valid driver’s license b. pay the towing and storage fees for the car. 2. If your car is impounded for 30 days, you have the right to a hearing on the impoundment. 3. If you are going to request a hearing, do so as soon as possible, impound fees add up daily. 4. Unless the impounding agency notifies the legal owner of the car within 2 working days by certified mail of the impound, the owner cannot be charged for more than 15 days of storage and towing fees
You can contact the law enforcement agency that ordered the impoundment immediately by phone, letter or in person to request a hearing.
BEFORE YOU GET ON THE ROAD
1. Make sure your registration and insurance is up to date date. 2. Make sure your car complies with all vehicle code restrictions a. Avoid hanging items from your void rearview mirror, make sure your tail lights are working, etc. 3. Review your city’s impound policy and ask yo City Council to do the your same a. Do the policy allow time for a Does licensed driver to pick up a vehicle before it’s impounded as is the case at checkpoints checkpoints? b. Does your police department view a 30 day impound as mandatory or discretionary?
Attention California Peace Officer
“…If the impound cannot be shown to be based upon a lawful arrest, where the vehicle is evidence in the underlying case, or pursuant to the community caretaking policy, merely citing a state statute which authorizes seizure will not overcome the constitutional prohibition of taking property without a warrant.”
TO LEARN MORE ABOUT YOUR RIGHTS CONTACT:
Car Impoundments Know Your Rights
ACLU of Southern California Orange County Office 2100 N. Broadway, Suite 209 Santa Ana, CA. 92706
“The Ninth Circuit…recently ruled, in…Miranda v. City of Cornelius, that impounding vehicles, when the only charge is driving without a license, was unconstitutional if there is no justification under the “community caretaker” doctrine.” “The Court also rejected the argument that impounding the vehicle deterred the driver “…from repeating this illegal activity in the future.” The Court stated that “(w)hile the Supreme Court has accepted a deterrence rationale for civil forfeitures of vehicles that were used for criminal activity, the deterrence rationale is incompatible with the principles of the community caretaking doctrine….the purpose of the community caretaking function is to remove vehicles that are presently impeding traffic or creating a hazard.”
Martin J. Mayer, Esq. Legal counsel to California Sheriffs (CSSA); California Police Chiefs (CPCA); and California Peace Officers’ Association.
This publication is for educational purposes only; it is not intended as, and is not a substitute for, legal advice.
American Civil Liberties Union of Southern California
If you feel you were mistreated you can file a complaint with your local law enforcement agency or contact your local ACLU. If you do submit a complaint be sure to keep a copy.
