Perhaps you could provide a citation to the California Vehicle Code for your claim?

 

doh. i hope it was a flatbed and not a tow

 

My claim? It's a fact:

22651(o) (1) CVC:

When any vehicle is found or operated upon a highway, any
public lands, or an offstreet parking facility with a registration
expiration date in excess of six months before the date it is found
or operated on the highway, public lands, or the offstreet parking
facility. However, whenever the vehicle is occupied, only a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, may remove the vehicle. For the
purposes of this subdivision, the vehicle shall be released to the
owner or person in control of the vehicle only after the owner or
person furnishes the storing law enforcement agency with proof of
current registration and a currently valid driver's license to
operate the vehicle.

The CVC for the expired registration is 4000(a)(1) and the authority to store (impound) the vehicle is 22651(o)(1) CVC. Any more questions?

http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

 

Well, your citation is referencing removal of parked and abandoned vehicles, not vehicles that are being actively operated during commute time. To wit: "Section 22650. It is unlawful for any peace officer or any unauthorized person to remove any unattended vehicle [Emphasis added.] from a highway to a garage or to any other place, except as provided in this code." You have found an inconsistency between Section 22650 (authority to remove) and 22651 (circumstances permitting removal). Since Section 22651 is based on Section 22650, I imagine that Section 22650 would control, which means the vehicle must be unattended.... Are you aware of any vehicles with more than a 6 month registration expiration that were being operated (emphasis on operated as opposed to occupied while parked) at the time of seizure being seized in California? Any more comments?

 

Yes, I do have another comment. If you would have taken the time to completely read the quoted section I provided, you would have read where it said:

"When any vehicle is found or operated upon a highway"

My definition of "operated" does not mean "unattended" and yes, I am a legal scholar unlike yourself.

Before you try to offer legal advice and mis-quote the California law you should do your research. Your initial comment was wrong and it would be unfortunate for others to be cited or lose their vehicle due to your inaccurate information.

Enough said and you got OWNED.

 

There certainly would be exposure for a claim of wrongful seizure if you have been routinely seizing cars that were being actively operated at the time of seizure under the authority you have cited. I guess my point in the original post was that I have never heard of a car that was being actively operated being seized in California where the only offense was expired registration. Section 22651 even used discretionary language (reference the word "may" as opposed to "shall") as guidance to the peace officer as to whether to seize the vehicle.

 

As far as giving legal advice, could you show me where my statements in this thread constituted legal advice? Regarding mis-quoting California law, how does Section 22651 over-rule Section 22650? If so, can you give a citation or court precedent?

Oh, and how did I get OWNED????

 

I got my car back on Friday afternoon at 4pm. This after spending an hour in the DMV, driving up to the state police station 20 miles north on the highway, getting inpolite treatment by the cops and driving back down 20 miles to pick up the car in the inpound lot.

The Lot was located exactly 3 miles from where I was pulled over, in the middle of the woods right off the next exit. It is a dumpy facility with a huge dirt and gravel field (probably 15 20 acres) with all kinds of dump trucks, bulldozers and contruction gear/materials all over the place. This place seemed like it towed cars for the state troopers as a side business. Mine was the only car towed - sitting a few 100 yards away from the mail office (a small trailer) on the side of the field, all alone. So, towing a car 3 miles away and holding it for 5 hours in the middle of an unutilized 20 acre dirt field in south jersey woods costs $200. Thats right, $200 - unreal.

I am not sure that i mentioned the two tickets that the cop wrote me:
1. Driving unregistered vehicle
2. Not presenting proper registration information
If this doesn't seem like an attempt to make more money off of me, i don't know what does. How can i possibly present proper registration information if I am driving an unregistered vehicle? Again, unreal.

And this last item put me over the edge. At the police station I told the cop that I am ready to pay the fines associated with these two tickets, cause clearly there isn't much to argue or challenge at court. He told me I need to attend court regardless. "Even if all I am doing is driving over to the court house, waiting for my case to be called, saying I plead guitly and paying the fee? What is the point of me being in court?" Reponse, "Sir you have to go to court regardless" Window closes.

So not only did I waste my and my wife's half day vacation on Friday to get my car back, I paid unbelievable amounts of money for tow service, will pay about the same for two redundant tickets and am forced to take another half day to sit at the court for no reason at all. I LOVE NEW JERSEY!!!