Question regarding Impound Laws?

Question

I am trying to help out a friend who got her car impounded last night. I swear this girl has everything possibly bad happen to her. Last night she went to take her friend home and she let her boyfriend drive back because she was tired and didn't want to fall asleep with her three kids in the backseat. Apparently he had a suspended license. As they got back to town they went through a check point and found he didn't have his license. He immediately got arrested and they kicked her and her kids out of the car and impounded her car. They told her she either had to walk home or call someone. My first questions is, I heard somewhere that they cannot impound a car when their are minors present. Her kids are 6 4 and almost 2. Is this true?

They they impounded the car.. He got out of jail like 30 minutes later but didn't give him the car. I called the police department last night for her to see what she could do to get her car back. She lives in Lompoc, CA but works in Carpinteria, CA for those who don't know the area it basically takes her an hour each way, and that's only if there is no traffic and she speeds. It's something like 56 miles. Plus she has no family to help her. I would but I live 30 minutes in the opposite direction of our work. Has anyone else been through something similar? I need some suggestions for her.. Please help..

Answer 1

I would like to see more people challenge impound laws, as it is depriving you of your property without due process of law.  In other words, your property was taken without a court hearing.  Which under the Constitution of this great country(which is not an outdated document as some might think) says they can't take it without due process.  If you get pulled over, they impound your car, there was no due process, they just did it. UNCONSTITUTIONAL

Answer 2

She will now have to pay for the mistakes she made. Not believing she didn't know his license was suspended. She stands a good chance of getting her license suspended for allowing an unlicensed (which also means uninsured) driver to operate her vehicle. There are no laws preventing impounding a vehicle due to minors in it.

Answer 3

Start picking better men.  

This isn't just "bad luck".  This is a result of her bad choices made.  The minute she starts making better choices in her life(I'm guessing he's not the father of all of her kids), she'll start having,"better luck".

She probably knew about the suspended license.  Most girlfriends do, and let their men drive anyway.

"My first questions is, I heard somewhere that they cannot impound a car when their are minors present"

Not true.  She could have called a cab or hopped on a bus.  The police did give her the option of calling someone.

"I called the police department last night for her to see what she could do to get her car back."

All she has to do is pay the fee to get her car back, if everything is on the up and up.

Anyway, there's more to this "story" than what she's telling you.

Perhaps the car isn't registered in her name, has no insurance, improperly licensed, etc.

He got out 30 minutes later??  Who was stupid enough to bail out such an idiot??  No, let me guess...she was.

Edit: Hey, the truth hurts, but she needs to hear it.  People who truly love her will tell her the truth.  A mother who loves her boys doesn't pick someone with a suspended license for DUIs as a boyfriend.  What if he kills someone the next time he drives drunk?  What if he'd have been in a horrible accident this time?  What then?  Tell her to rethink her life's choices.

But being the car is her grandma's, in most states, only grandma could get the car out of impound.  The car legally belongs to Grandma, and Grandma is the only one with all rights to the car.  Grandma will be getting a call or letter from the impound lot.  The impound lot probably won't let your friend sign to get the car out.  They'll probably only let Grandma sign.  Hopefully she'll be honest with Grandma about everything.  She may have completely screwed herself out of transportation should Grandma not let her have the car back, until she gets her own car.

Answer 4

Yes, we can impound (or store, which is more likely what happened here) a vehicle if there are minors present.  Don't know where you heard otherwise, but it's incorrect.

It would have been helpful to know what the police department told you when you called.  Wish you had said.

I have not had my car towed by the police for any reason.  However, I have towed hundreds of them over the years so I think I can offer some suggestions.  You need to provide more information, though:

What was the authority the vehicle was towed under?  There was almost certainly a form used by the police when the vehicle was towed, and that form will list the vehicle code section that authorized the vehicle being stored.  It's probably going to look like 22651(P) or 14602.6 or something like that.

Who is the registered owner of the vehicle?   You can't guess at this, you have to know and be correct.

Why is the boyfriend's license suspended?  

I can't imagine the police department didn't give you any information about how your girlfriend can get her car back.  If they told you she needs to come in and pay them for the release, that's what she needs to do.  If they told you anything else, like she has to wait thirty days or she can't get it until he gets his license, we should keep talking.  you're welcome to email me.