How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26792
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

My car was impounded under sec 22651 p vc. A hearing is to

Resolved Question:

My car was impounded under sec 22651 p vc. A hearing is to be followed now 22852 vc. The car is under my mom's name. I don't have a license, but I have made an appointment.
The car is to be hold for 30 days. But nowhere on the sec 22651 p vc says that the car has to be hold for 30 days. 30 days is what the officer told me.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
The two statutes you cite don't deal with the hearing. The first deals with the state's ability to remove the car and the second with the state's notice to the depaartment of justice.

I think I have found the statute for you that explains the hearing procedure. If you were arrested for driving without a license, this is what has likely been happening with regard to the car. (See VC 14602.6) The car can get released before 30 days, but only under certain specifed circumstances listed in the statute.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Customer: replied 7 years ago.
So can the car be released without a hearing or is that t ASmandatory.?
Can my mom authorized someone to released the car right away or is the hearing first. I am confused, is the car to be released after a 30 days. I wasn't arrested I was issued a correctable ticket. I have to go to court, but that is not the problem. I need to get the car out ASAP. How can I get the car, The officer told me to call to make an appoinmet for a hearing with his supervisor.(Owner has to call).
So is there any way to accomplish that
Expert:  Zoey_ JD replied 7 years ago.
The car cannot be released to you, as you have no driver's license. According to the statute, the car must be released early when:

(A) When the vehicle is a stolen vehicle.

(B) When the vehicle is subject to bailment and is driven by an unlicensed employee of a business establishment, including a parking service or repair garage.

(C) When the license of the driver was suspended or revoked for an offense other than those included in Article 2 (commencing with Section 13200) of Chapter 2 of Division 6 or Article 3 (commencing with Section 13350) of Chapter 2 of Division 6.

(D) When the vehicle was seized under this section for an offense that does not authorize the seizure of the vehicle.

(E) When the driver reinstates his or her driver’s license or acquires a driver’s license and proper insurance.

If your mother is the owner of the vehicle she can call and see if there is some other way she can release it early. She can designate an agent to get the car for her once it's released, but it has to be someone licensed.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Zoey_ JD and 6 other Criminal Law Specialists are ready to help you