Impounded Vehicles Administration

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Impounded Vehicles Administration

Post by ThuleanRex on Sat Jan 20, 2018 10:55 pm


LOS SANTOS POLICE DEPARTMENT
IMPOUNDED VEHICLES ADMINISTRATION DIVISION

Impounded Vehicle Questions



How can I get my car out of impound?

If a person’s vehicle is impounded under a 30-day hold, they must wait until the 30-day period is over prior to requesting a release. After the 30-day period has passed, the registered owner must go to the Area auto detectives to obtain a release for the vehicle (releases are only given to the registered owner/s). If the registered owner does not have a valid California driver’s license, he/she must bring along a person who possesses a valid California driver’s license.

However, vehicles may be released by an Area Auto Detective Unit supervisor, prior to the termination of the 30-Day Hold period, under any one of the following circumstances:



  • The vehicle was seized for 30-Day Hold and it not authorized under Section 14602.6(a) VC;
  • There is sufficient proof the vehicle was stolen;
  • The concerned driver acquires a valid driver license or has the driver license reinstated and obtains proper insurance and the registered owner can provide a valid driver license and proof of current vehicle registration;
  • There is sufficient proof the driver of the vehicle was in fact a licensed driver with a valid license issued prior to the time of impound or the driver had an expired license; or,
  • The registered owner presents a court order to release the vehicle; or
  • The registered owner presents sufficient proof of mitigating circumstances.



Vehicle Code laws




22500(f) VC Stopping, Standing, and Parking on a sidewalk
A person shall not stop, park or leave standing any vehicle whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device. Stopping, standing, and parking is described as; on a portion of a sidewalk, or with the body of the vehicle extending over a portion of a sidewalk.

14602.6 VC Suspended, Revoked, or Unlicensed Driver
Whenever a Police Officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked or driving a vehicle without ever having been issued a driver’s license, the Police Officer may immediately arrest that person and/or cause the removal and seizure (impoundment) of that vehicle.

14607.6 VC Unlicensed Driver Impoundment and Forfeiture - Prior Convictions
Notwithstanding any other provision of law, and except as provided in this section, a motor vehicle is subject to forfeiture as a nuisance if it is driven on a roadway in this state by a driver with a suspended or revoked license, or by an unlicensed driver, who is a registered owner of the vehicle at the time of impoundment and has a previous misdemeanor conviction for a violation of subdivision (a) of Section 12500 VC. Driving Without a Valid License or Section 14601 Driving on a Suspended License, 14601.1, 14601.2 Driving on a Suspended License for DUI Conviction, 14601.3 Habitual Traffic Offender, 14601.4 Driving on a Suspended License and Causing Bodily Harm, or 14601.5 Driving On A Suspended Or Revoked License Caused By Refusal Or Specified Blood Alcohol Level.

14602.8 VC Driving Under the Influence (DUI)
If a Police Officer determines that a person is in violation of Section 23140 Underage DUI, 23152 Driving Under the Influence, or 23153 DUI Causing Injury, the officer may immediately cause the removal and seizure of the vehicle that the person was driving, under either of the following circumstances:



  • (A) The person was driving a vehicle when the person failed a Field Sobriety Test or Blood Alcohol Test
  • (B) The person driving the vehicle refused to submit to or complete a chemical test or breathalyzer test requested by the Police Officer.
  • (1) A vehicle shall be impounded for Five days, if this is the first time violating Section 23140 Underage DUI, 23152 Driving Under the Influence, or 23153 DUI Causing Injury.



14602.8(a) VC Driving Under the Influence (DUI) - Second or More Prior Convictions 5-15 Day Hold
If a Police Officer determines that a person has been convicted of a violation of Section 23140 Underage DUI, 23152 Driving Under the Influence, or 23153 DUI Causing Injury and that one or more of the following circumstances applies to that person, the officer may immediately cause the removal and seizure of the vehicle that the person was driving, under either of the following circumstances:



  • (A) The person was driving a vehicle when the person failed a Field Sobriety Test or Blood Alcohol Test
  • (B) The person driving the vehicle refused to submit to or complete a chemical test or breathalyzer test requested by the Police Officer.
  • (1) A vehicle shall be impounded for the following period of time:

  • (A) Fifteen days, if the person has been convicted two or more times of violating Section 23140 Underage DUI, 23152 Driving Under the Influence, or 23153 DUI Causing Injury, or any combination thereof.



14602.7. VC Fleeing a Police Officer
If a Police Officer determines that a person has been convicted of a violation of Section 2800.1 VC. Eluding / Evading a Police Officer, 2800.2 VC. Reckless Evasion, 2800.3 VC: Evading A Police Officer And Causing Death Or Serious Bodily Injury, or 23103 VC. Reckless Driving, shall immediately seize and cause the removal of the vehicle.

22651(a) VC Unattended on Bridge
When a vehicle is left unattended upon a bridge, viaduct, or causeway or in a tube or tunnel where the vehicle constitutes an obstruction to traffic.

22651(b) VC Obstructing Traffic/Blocking
When a vehicle is parked or left standing upon a roadway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the roadway.

22651(d) VC Blocking Driveway
When a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the roadway.

22651(e) VC Blocking Fire Access
When a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the roadway.

22651(g) VC Driver Incapacitated
When the person in charge of a vehicle upon a roadway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.

22651(h) VC Driver in Custody
When a Police 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.

22651(i) VC Five or more Parking Violations
When a vehicle, other than a rented vehicle, is found upon a roadway or public land and it is known that the vehicle has been issued five or more notices of parking violations to which the owner has not paid the parking violation, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency all of the following:



  • (A) Evidence of his or her identity.
  • (B) An address within this state at which he or she can be located.
  • (C) Satisfactory evidence that all parking penalties due for the vehicle and all other vehicles registered to the registered owner of the impounded vehicle, and all traffic violations of the registered owner, have been cleared.



22651(r) VC Illegally Parked - Blocking Movement
When a vehicle is illegally parked and blocks the movement of a legally parked vehicle.

22651.6 VC Speed Contest Vehicle Removal
A Police Officer may remove a vehicle when the vehicle was used by a person who was engaged in a motor vehicle speed contest, as described in Section 23109(a) Engaging in a Speed Contest, and the person was arrested and taken into custody for that offense by a Police Officer.

22651.9 VC Removal of Vehicles for Sale
Any Police Officer may remove a vehicle when the vehicle is found upon a street or any public lands, if all of the following requirements are satisfied:



  • (1) Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.
  • (2) Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation
  • (3) The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle.



22655 VC Impound for Investigation
When any Police Officer has reasonable cause to believe that a motor vehicle on a roadway or on private property open to the general public onto which the public is explicitly or implicitly invited, the officer may remove the vehicle from the roadway or from public or private property for the purpose of inspection.

22655.3 VC Removal for Investigation - Fleeing or Evading
Any Police Officer pursuing a fleeing or evading person in a motor vehicle may remove and store any vehicle used in violation of Section 2800.1 VC. Eluding / Evading a Peace Officer or 2800.2 VC. Reckless Evasion for the purposes of investigation, identification, or apprehension of the driver if the driver of the vehicle abandons the vehicle and leaves it unattended. All towing and storage fees for a vehicle removed under this section shall be paid by the owner, unless the vehicle was stolen or taken without permission.

No vehicle shall be impounded under this section if the driver is arrested before arrival of the towing equipment or if the registered owner is in the vehicle.

22655.5 VC Impound for Investigation - Vehicle used in Committing a Public Offense
A Police Officer may remove a motor vehicle from the roadway or from public or private property under the following circumstances:



  • (A) When any vehicle is found upon a roadway or public or private property and a Police Officer has probable cause to believe that the vehicle was used as the means of committing a public offense.
  • (B) When any vehicle is found upon a roadway or public or private property and a Police Officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed.



22659.5 VC Impoundment of Vehicle Used in Commission of Act of Prostitution
A Police Officer may declare a motor vehicle to be a public nuisance subject to seizure and an impoundment for a period of up to 30 days when the motor vehicle is used in the commission or attempted commission of an act that violates Section 266(h) PC. Pimping or 266(i) Pandering, Section 647(h) Loitering, of the Penal Code, if the owner or operator of the vehicle has had a prior conviction for the same offense. An ordinance adopted pursuant to this section may incorporate any combination or all of these offenses. The vehicle may only be impounded pursuant to a valid arrest of the driver for a violation of one of these provisions.

38025 VC. Operation of All-Terrain Vehicles (ATV's) on Streets / Highways
In accordance with subdivision (c) of Section 4000, a motor vehicle issued a plate or device pursuant to Section 38160 may be operated or driven upon a highway but only as follows:



  • (A) On a two-lane highway, only to cross the highway at an angle of approximately 90 degrees to the direction of the roadway and at a place where a quick and safe crossing may be made, or only when the roadway is not maintained by snow removal equipment and is closed to motor vehicles that are subject to registration pursuant to Division 3 (commencing with Section 4000), or only to cross a highway in the manner specified in subdivision (b).



38025 VC is an infraction punishable by a fine not to exceed $500 for the first offense (1 week impound), $750 for the second offense (two week impound), and $1,000 for the third offense (one month impound).

21716 VC Operation of Golf Carts (NEV's) on Streets / Highways
Except as provided in Section 21115.1 and Chapter 6 (commencing with Section 1950) of Division 2.5 of the Streets and Highways Code, no person shall operate a golf cart on any highway except in a speed zone of 25 miles per hour or less.

21716 VC is an infraction punishable by a fine not to exceed $250 for the first offense (3 day impound), $500 for the second offense (one week impound), and $750 for the third offense (two week impound).

5200 VC Display of Plates
(a) When two license plates are issued by the department for use upon a vehicle, they shall be attached to the vehicle for which they were issued, one in the front and the other in the rear.
(b) When only one license plate is issued for use upon a vehicle, it shall be attached to the rear thereof, unless the license plate is issued for use upon a truck tractor, in which case the license plate shall be displayed in accordance with Section 4850.5.

5200 VC is an infraction punishable by a fine not to exceed $250 for the first offense (3 day impound), $500 for the second offense (one week impound), and $750 for the third offense (two week impound).
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ThuleanRex

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