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Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 36753
Experience:  Run my own practice.
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My car was impounded because I was pulled over and my license

Resolved Question:

My car was impounded because I was pulled over and my license was suspended. They impounded my car for 30 days. The police officer (who is a Sergeant) told me i could have my dad pick up my car the next day. I am aware that in 2012 Governor Brown signed a new law stating that unlicensed and suspended drivers no longer can have their car's impounded for 30 days unless they are in a traffic collision or the vehicle is under investigation.
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 8 months ago.

Dimitry K., Esq. :

Thank you for your question. Please permit me to assist you with your concerns.

Dimitry K., Esq. :

That is a correct interpretation of the law. What specifically is your question--how can I assist you?

Customer:

What should i do next? should I file a small claims court paperwork?

Dimitry K., Esq. :

Ideally the best option would be for your father to appear at the impound lot with a copy of the law and demand that they release the vehicle without fees or costs as those fees are being unreasonably placed for an illegal impound

Dimitry K., Esq. :

if they agree, that is essentially the end of the story unless you also want to file a complaint with the Lieutenant or Captain in the precinct.

Dimitry K., Esq. :

Since they would then not charge you fees, while it is a hassle, technically there is no injury

Dimitry K., Esq. :

but if they fail to release the car, two potential options exist. First, pay the fine to get the car, then contact the commissioner and internal affairs to get this resolved, file a formal grievance, and then pursue a return of the funds through administrative means.

Dimitry K., Esq. :

Or, not pay the fine, keep the car with them, and a file a civil suit for unlawful taking and violation under law, and pursue them for injury, attorney fees, and costs.

Customer:

I just had to pay all my money towards my tickets to get my license back. If i filled how long would that take? i have a full time job and a part time job and i just lost my part time job because I don't have transportation

Customer:

Is this something that could take months?

Dimitry K., Esq. :

The fines pertaining to your license are not actionable, that is a valid fine

Dimitry K., Esq. :

If you filed suit it can take months, potentially years to get accomplished

Dimitry K., Esq. :

That is why I suggested the options in growing severity, but also complexity, cost, and time estrictions.

Dimitry K., Esq. :

*restrictions

Customer:

could I get in contact with the Sergeant that impounded my car for 30 days and ask for the department to pay for it?

Dimitry K., Esq. :

Directly with the Sergeant? You can do so but generally unless he releases the ticket I do not see the value

Dimitry K., Esq. :

It may be wiser to start by going above his head

Customer:

who would that be?

Dimitry K., Esq. :

The department won't pay for your fines--only the department head can authorize it, not a sergeant.

Dimitry K., Esq. :

contact that police precinct and find out if they have a Lieutenant, Captain, or Commissioner o

Dimitry K., Esq. :

Typically it is a Captain, but some smaller precincts in smaller towns may have a commissioner

Customer:

my police department has a captain. So I should get in contact with him and tell him that my car was held illegally for 30 days?

Dimitry K., Esq. :

Correct

Dimitry K., Esq. :

bring the law and request a waiver of fees

Dimitry K., Esq. :

if they refuse, then consider retaining counsel to pursue them--this is not a small claims matter because most governmental agencies have immunity from suit in such courts

Dimitry K., Esq. :

you would instead have to go through the administrative process or sue with the help of an attorney.

Customer:

I should add, on friday the sergeant called and said he would release my car if i got my license back. (which i just did) but since the car was impounded oct 2nd the cost is over $1000 now instead of just $300 if I would have gotten it the next day.

Dimitry K., Esq. :

The cost that governs is based on when the improper impound occurred, and that is what you can pursue or demand be removed.

Customer:

okay, so getting in touch with the Captain and bring him the law and asking him to waiver the fees is the best route for me to take?

Dimitry K., Esq. :

It is the simplest. You can always choose to pursue greater options and 'lawyer up', but this simple option by itself can prove to be sufficient.

Customer:

'lawyer up' is not going to be cheap will it?

Dimitry K., Esq. :

no, it won't. not with a civil suit

Customer:

okay, and how do I get a lawyer like that?

Dimitry K., Esq. :

To retain such counsel you would want to consider browsing the listings at www.avvo.com and www.martindale.com

Dimitry K., Esq. :

there you can search by fees, location, experience, and expertise

Dimitry K., Esq. :

and you could potentially review past client testimonials also

Dimitry K., Esq. :

Hope that helps.

Dimitry K., Esq. :

Is there anything else I can clarify for you?

Customer:

No that was very helpful, Thank you!

Dimitry K., Esq. :

You are most welcome, glad to help!

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 36753
Experience: Run my own practice.
Dimitry K., Esq. and 5 other Traffic Law Specialists are ready to help you

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