My boyfriend just got arrested for driving my car without a license. I went to the scene, and talked to the tow truck driver and he told me the officer on the scene placed a 30 day hold on my vehicle and there was no other way to get my property back until then. I was not notified of this by an officer, or recieved any information regarding my withheld property.
2006-12-27 13:40:23 · 10 answers · asked by surfer_honey_girl 1 in Politics & Government ➔ Law & Ethics
We live in Mendocino County, California. He got pulled over by a police officer that he went to high school with, and has had harrassment issues with in the past. The other person that was in the car with him said the officer didn't even give reasoning for the initial traffic stop, just pulled him out of the car and started testing him for under the influence. My boyfriends 27 and had his license suspended for speeding a while back. It's his second offense for driving on a suspended.
2006-12-27 13:54:52 · update #1
Please help me, I have never had to deal with this before and I have no idea what to do! Where do I start? Bail? Car? Breath?
2006-12-27 13:56:12 · update #2
The passenger of the car was a licensed driver. My boyfriend is just an idiot and thinks the rules don't apply to him. I am the title owner of the car, but the tow truck driver and the cops won't budge... Is there anyway around that? Where can I look up police procedures online?
2006-12-27 14:02:32 · update #3
Procedures for traffic stops differ for each state, county, city, and department. Check the local PD to which initiated the impoundment of the vehicle in question. First of all, it makes sense for the officer to order an impoundment of the vehicle when a driver lacks a license presented that there are no other licensed persons available to pick up the car or is present at the time of the incident. A thirty day hold sounds quite reasonable for most departments. Try contacting the impoundment lot and ask up on procedures. There shouldn’t be a problem if you are the title holder of the car to have the vehicle returned within a reasonable amount of time. The officer, depending of procedures, may or may not be required to inform you of such situations, but generally you should be getting some documentation by mail on the subject. Your boyfriend is a totally other matter. It does sound a bit unusual for him to be held for a lengthy amount of time considering the number of offenses against him. Hope that helps.
2006-12-27 13:58:32 · answer #1 · answered by Joseph C 2 · 0⤊ 0⤋
Typically, an officer has the right to arrest a non-licensed driver, although he CAN issue a citation without an arrest. His best bet is to get a license before his court date. The prosecutor cannot prove beyond a reasonable doubt whether he lost his license or did not have a license at the time of offense. A lot of people lose, forget, or misplace their licenses and need to get a replacement.
Your car is probably being held as evidence. You can file a MOTION TO RETURN EVIDENCE if the vehicle is not necessary to the trial.
2006-12-28 17:18:33 · answer #2 · answered by syaw10 3 · 0⤊ 0⤋
Just a bit of a correction to Mickeysco's correct answer. The Vehicle Code section which both allows a 30 day impound of a vehilce when the driver is not licensed and allows a hearing (if demanded within 10 days) if the driver was not the owner, is Vehicle Code section 14607.6. The other statute, section 22852, is the one which requires that you be given notice of the impound and of the right to a hearing which section 14607.6 gives you.
2006-12-28 05:56:38 · answer #3 · answered by Anonymous · 2⤊ 0⤋
If your boyfriend can get his license in less than the 30 days he can get your car out. But if hes license was suspended or was underage then you have to wait the 30 days. I know casue it happend to me when i was 17 but the cop was cool and didnt place the 30 day hold he just towed the car and told me my dad could take it out the next day. But if its possible and he can get his license soon than im prettty sure he can get it out, at least thats the rule in california. You can find out where your car is being stored at by calliing the number you got in your ticket.
2006-12-27 13:46:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I am a retired police officer. What I have learned over a twenty year career there are three sides to every story, his, hers, and the truth. the whole thing sounds like some important information is missing. maybe there was something in the car? and it is being held for evidence?
2006-12-28 03:31:10 · answer #5 · answered by watchman_1900 3 · 0⤊ 1⤋
first of all we need a bit more information for that...here in kansas if the person is driving someones car and has lost their license on the account of dui the car they were driving can be in impound for up to a year..be glad its only 30 days
2006-12-27 13:49:01 · answer #6 · answered by worldsbesthighfiver 3 · 0⤊ 0⤋
I know someone who had a similar experience. She went to the courthouse and talked to the prosecuting attorney who talked to the judge. They were pretty reasonable about the whole situation and she did get her car back without too much trouble.
2006-12-27 13:49:01 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You didn't report it stolen so you are somewhat guilty in letting him drive the vehicle. good thing he didn't have an accident and kill someone or you would be a party to the crime.
Time to break out the tears at the police station. Use your feminine charm. Be subservient and meek - police like that.
2006-12-27 15:22:23 · answer #8 · answered by Anonymous · 0⤊ 1⤋
different laws for different areas, I'd call the police station and try and sort it out.
2006-12-27 13:42:20 · answer #9 · answered by singledad 7 · 0⤊ 0⤋
must be something you are not telling us......
2006-12-27 13:43:16 · answer #10 · answered by jstrmbill 3 · 0⤊ 0⤋