California Vehicle Code §22651: California Impound & Towing Laws outlines the authority pursuant to state law to remove vehicles under certain conditions, especially when a vehicle interferes with traffic flow, highway maintenance, or public safety.
If your automobile is towed and impounded, you may be under a lot of stress and wondering what to do next. If you think your vehicle may have been towed unfairly or need to fight a citation, our firm is here to help. Keep reading to learn more about this California Vehicle Code.
When Are Police Allowed to Tow and Impound Vehicles Under CVC §22651?
In several specific circumstances, law enforcement can remove vehicles using a tow truck as a penalty for violation of parking laws. A peace officer or parking enforcement officer may enforce these parking laws by towing vehicles parked in violation of subdivision or creating an obstruction to traffic.
Cars in Unlicensed Car Dealerships
The police can tow automobiles sold by an unlicensed dealer. The private towing company they use can remove any vehicles found in this situation. In some cases, they may take your car without satisfactory evidence or proper documentation from the vehicle owner.
Remember that you can always contact a Los Angeles criminal defense lawyer for help after the police take your vehicle due to parking offenses or other traffic violations.
Cars in Limited Accessible Parking Spots (Disabled Parking)
Most public lots have limited accessible parking spots for disabled persons; therefore, the police can tow cars without the proper tags or special plates.
Authorities opt to tow in these situations because ticketing doesn’t open up more handicapped spots for physically impaired drivers, and the goal is to restore access in compliance with the Americans with Disabilities Act.
Removing vehicles from a handicapped space may lead to hefty vehicle parking penalties, including administrative charges, storage costs, and fines. Notices of parking violations or a notice of citation issuance may also apply.
Cars After an Arrest
The police will often tow vehicles following an arrest for street racing, a DUI, or traffic stops where law enforcement finds an active warrant or spots contraband in the car. Towing can occur even if you’re the registered owner or legal owner.
A tow company may take your car if you’re taken into custody, and the police department determines it’s unsafe or illegal for the car to remain. If a public offense occurs at the time of arrest or if your vehicle is involved in the commission of a crime, police may seize the car under revocation pursuant to state law.
Cars After an Accident
If you were involved in a car accident and were hospitalized or too incapacitated or injured to drive, someone likely towed your car.
Common car accident injuries like broken bones and traumatic brain injuries (TBIs) could prevent you from being a valid driver. Impoundment may occur to restore the normal flow of traffic and clear the highway in violation.
Wrecked cars that prevent the normal movement of traffic must be moved out of the way. A valid driver, the legal owner, or the registered owner may retrieve the car later.
Cars Without Proper Registration or With License Plate Issues
Even if you legally park your vehicle, you could get towed for not having your registration sticker if it’s been more than six months since the current registration expiration. Also, you may lose your car if your car lacks license plates or if you have forged or fake vehicle license plates or proof of registration.
This situation often affects unlicensed drivers, drivers without valid licenses, and those without proper documentation displayed. A citation may also be issued for an expired registration sticker or a lack of evidence of registration displayed.
Cars Blocking Traffic Flow
If your vehicle presents a safety risk or interferes with the flow of traffic, police are authorized to tow the car to expedite the movement of traffic.
Generally, police departments work quickly to remove any obstruction to traffic and restore movement of equipment or construction equipment on public land or crossings at grade.
Cars Left on a Bridge
California’s vehicle code states that the police can tow your car if it is left on a bridge, causeway, viaduct, or tunnel and blocks traffic. The legal owner may have to pay a fee to get the car back, including towing charges, storage charges, and administrative fees.
Cars Blocking Access by Firefighting Equipment
If you park in a spot blocking a fire hydrant or an emergency vehicle, the police might tow your car. Maintaining control of access to firefighting equipment is especially important in emergencies. This includes areas near underground utilities or where emergency vehicle access is needed.
Cars Violating a 72-Hour Ordinance
Specific local ordinances mandate towing vehicles parked for 72 consecutive hours. As the legal owner of a car, make sure that you review all local laws before you park your car in a public parking area or common interest development.
You may receive a warning citation instead of a fine, but subsequent violations can lead to an automatic tow.
Cars With Outstanding Parking Citations
Even if you legally parked your car, you can get towed if you have five unpaid parking tickets, parking citations, or a delinquent parking violation.
Regardless of your alleged offense, you should avoid illegal parking spots. Failure to address outstanding tickets can lead to the removal of your vehicle by a towing company.
Make sure you treat any notice of parking violation seriously, as these can catch up with you and result in storage facility fees or additional administrative charges.
Cars Reported Stolen
If law enforcement comes across a car or truck that’s been reported stolen on public property or a highway in violation of regulations, they may have it towed. Showing your current vehicle registration card and an official identification card may help in this situation.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
Can the Police Tow Your Car if You Don’t Have a License?
If you’re driving on a suspended or revoked license or just don’t have a license and get pulled over, the police can tow your car, even if you are the registered owner.
Law enforcement officers are authorized to remove vehicles driven by an unlicensed driver or one without proof of ownership or proper documentation.
As you can see, many circumstances can result in having your car towed. However, the police are more likely to tow automobiles parked at the wrong time or parking spot if they block the normal movement of traffic or emergency response.
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Can Vehicles Be Impounded at DUI Checkpoints?
If driving without a valid driver’s license is your only offense at a DUI checkpoint, the police shouldn’t impound your car. However, if law enforcement arrests you for driving under the influence, the answer is yes.
In this situation, law enforcement will take possession of your automobile and have it impounded by a private towing company under enforcement of penalties related to impaired driver regulations.
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Will You Receive a Notice Before Your Car Gets Towed?
Parking enforcement officers generally do not notify the registered owner before calling for a towing company to haul away and impound a vehicle, especially one left on private property. The law does not require prior days of notice for many violations.
However, some streets, roadside rest areas, and offstreet parking facilities have posted signs regarding towing regulations and territorial limits. Additionally, parking citations include wording that spells out a peace officer’s authority to contact a towing company.
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Once the Police Impound Your Car, How Do You Get It Back?
If the police impound your car, the requirements for getting your vehicle back will depend on whether you are the legal owner or the person in control of the vehicle.
Registered Owners
As the legal owner of an impounded vehicle, you can contact the impound lot for instructions on how to claim your car from the person in charge.
An impounded vehicle will be released when you provide the following:
- Proof of insurance
- Current vehicle registration (California Vehicle Code §4000a1)
- An up-to-date driver’s license
Additionally, to satisfy VC §22651, you must:
- Pay vehicle towing and storage costs
- Submit evidence that you paid those fees
- Attest, through an affidavit, that you did not have the car at the time it was impounded
Non-Owners
If you are not the registered owner of the impounded vehicle, you can still claim it; however, you will need an authorization letter from the legal owner. You will still have to pay the storage charges to the person in charge of the impound lot and provide a valid identification card.
What Will It Cost to Get an Impounded Car Released?
Depending on where the police impounded your vehicle, it may cost hundreds or thousands of dollars. In addition to vehicle towing fees and storage fees, you may be responsible for:
- Administrative charges
- After-hours gate fee
- Transfer charge
- Auction fee (if applicable)
- Lien fees
Storage facility charges can increase by the day, so avoiding unnecessary delay is essential. Most lots accept money orders, valid bank credit cards, or cash. If your car is sold, the city or agency with proof of lien may sue you for the deficiency in small claims court.
How Long Can Your Car Remain Impounded in California?
In California, the city generally impounds your car for a maximum of 30 calendar days. After this, the impound lot can hold an auction or lien sale, which may include your personal property inside the vehicle. This timeline applies to private property owners and law enforcement agency evidence holds alike.
As the legal owner, act quickly to claim your vehicle and avoid further parking enforcement action or loss of vehicle ownership.
An Experienced Attorney Can Explain How CVC §22651 Can Affect Your Case
Most registered owners don’t think about California’s vehicle code until they receive a citation or their vehicle has been towed or impounded. Unfortunately, California Vehicle Code §22651: California Impound & Towing Laws can be challenging to decipher without professional help.
Issues involving autonomous vehicle storage, commercial motor vehicle regulation, mobile billboard advertising display, and chapter list compliance can all impact your rights.
The legal team at Simmrin Law Group has years of experience dealing with every aspect of the California vehicle code. If you feel you’ve been a victim of predatory towing or received an unjust citation for a vehicle for purposes you didn’t authorize, we are here to help.
Call us for a free case evaluation, or complete our contact form. We can help with a wide range of situations. Additionally, you can also browse our FAQ page for guidance on related topics.
Call or text (310) 896-2723 or complete a Free Case Evaluation form