California’s impound and towing laws give police the authority to impound and tow away vehicles in certain situations. The situations that can lead the police to call a tow company to move your vehicle are detailed in California Vehicle Code §22651.
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, Simmrin Law Group is here to help.
Keep reading to learn more, or contact our Los Angeles traffic violations lawyers for a free consultation.
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 may enforce parking laws by towing in the following situations:
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.
Remember that you can always contact a Los Angeles criminal defense lawyer for help after the police take your vehicle.
Cars in Limited Accessible Parking Spots (Disabled Parking)
Most public lots have limited accessible parking spots for disabled people; 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.
Removing vehicles from handicapped spaces may lead to hefty parking penalties, including administrative charges and fines. Understanding possible parking offenses and their penalties can help you avoid this issue.
Cars After an Arrest
The police will often tow vehicles following an arrest for street racing (Vehicle Code §32109), a DUI, or traffic stops where law enforcement finds an active warrant for you or spots contraband in the car.
A tow company may take your car even if you’re the registered owner in this situation.
California Vehicle Code Section 21712 makes it illegal for passengers to ride in areas of a vehicle not intended for passengers, such as the trunk or cargo area. If law enforcement finds someone unlawfully riding in your vehicle, it could lead to further legal complications, potential citations, and even impoundment of your car.
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 driving.
Wrecked cars that prevent the normal movement of traffic must be moved out of the way. A valid driver or the legal 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 it expired. Also, you may lose your car if your car needs license plates or if you have forged or fake vehicle license plates or proof of registration.
Drivers with a current, legitimate registration sticker should avoid this issue. However, it may arise for unlicensed drivers as well as those with valid licenses.
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 traffic obstruction.
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.
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.
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 some cases, you may receive a warning citation instead of a fine.
Cars with Outstanding Parking Citations
Even if you legally parked your car, you can get towed if you have five unpaid parking tickets or if you neglected to pay a municipal parking garage fee. Regardless of your alleged offense, you should avoid illegal parking spots.
Make sure you treat any notice of a parking violation seriously, as these can catch up with you.
Cars Reported Stolen
If law enforcement comes across a car or truck that’s been reported stolen on public property or a highway, they may have it towed. Showing your current registration card and an official identification card may help in this situation.
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 of the vehicle.
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 period of time or spot if they block the normal flow of traffic or obstruct the movement of emergency equipment.
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.
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.
However, some streets and parking spaces have warning signs regarding towing regulations. Additionally, parking citations include wording that spells out a peace officer’s authority to contact a towing company on repeat offenders.
Once the Police Impound Your Car, How Do You Get It Back?
According to Cal Matters, around half a million cars are impounded each year in our state. If this happens to you, the requirements for getting your vehicle back will depend on whether you are the legal owner.
Registered Owners
As the legal owner of an impounded vehicle, you can contact the impound lot for instructions on how to claim your car.
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 do the following:
- 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.
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, you will be on the hook for the storage, towing, and administrative charges.
Be sure to pick up your car immediately to avoid extra storage fees. Impound lots generally take cashier checks, valid bank credit cards, money orders, and cash. In addition to towing, storage, and administrative charges, you may also have to cover the following:
- A transfer charge fee
- If applicable, an after-hours gate fee
- An auction fee (if applicable)
- Lien fees (if applicable)
If your car remains unclaimed, the city may sell it at a loss. The lot will then sue you for the deficiency (or difference). Depending on the amount, they may take you to small claims court. We recommend that any vehicle owner move quickly to reclaim their car.
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, also referred to as a lien sale. You must claim your vehicle before the sale.
As the legal owner, we recommend you take this step quickly. Make sure that you can show your current registration and that you’re ready to pay all administrative charges to get your vehicle back.
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.
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, we are here to help.
Call us for a free case evaluation, or complete our contact form.