30 Day impound vehicle taken without my permission

[SDNhy]

My car has been impounded for 30 days after being taken without permission or knowledge by my son and given to someone unknown to me to drive WHILE HE GAMBLED AT A CASINO. My car has been parked and I let the insurance lapse because I cant afford it after a DUI. I was just in process of selling the car, but had to go out of town and my car was taken while I was away.
The driver was pulled over by police in Sonora, Ca. and ticketed for EXPIRED REGISTRATION, (the reg. had just been SUSPENDED by DMV for no ins.), for EVADING AN OFFICER, and DRIVING ON A SUSPENDED LICENSE. He was cited and released but my car was impounded for 30 days. I appealed the impound, the police denied the appeal because I didn't report it stolen...when I learned of all this, it was two days after the incident, and my car was already impounded-so I didnt know I should have reported this as an auto theft.
The way I am reading the towing laws, according to Ca. DMV Section 14602.6, the driver must have been ARRESTED or have been in an accident in the vehicle for it to be impounded for suspended license. For evading, the driver must have not been identified or caught at time of evasion, then the car can be towed for identification and evidence purposes. The registration is valid until November 2014, so is NOT EXPIRED as charged, and there was no mention of NO INSURANCE or SUSPENDED REGISTRATION .
I immediately obtained insurance and filed for the suspension to be lifted before filing the appeaal with p.d.
Is this a legal tow and impound??? Can they do this to me??? I am a victim in this situation, have followed procedure, but they won't release my car. Its a red mustang, maybe they want it themselves lol-I cant afford 2400.00 to get it back, and surely cant sell it now. HELP!

 

[Proserpina]

This is the law: https://www.dmv.ca.gov/pubs/vctop/d06/vc14602_6.htm

There is no requirement that arrest or an accident must be present.

 

[mightymoose]

It sounds like a legitimate impound.
Even if you had tried to report the car stolen the police may not have taken the report.... because as you describe it the car was not actually stolen.

Any loss you have as a result of this is something you need to settle with your son and his friend. If you can't work it out you can bring a civil or small claims suit against either or both of them.

 

[CdwJava]

Is this a legal tow and impound??? Can they do this to me???

Yes. The driver was operating a vehicle on a suspended license and was cited (i.e. arrested) for that offense. As a result the vehicle was apparently impounded pursuant to VC 22651(p) (unlicensed driver) and stored for 30 days pursuant to VC 14602.6. You availed yourself of the impound hearing and the hearing officer ruled against you because you did not report the vehicle stolen. if it was not stolen, then it was implicitly being used with your permission. Are you now saying you want to pursue felony auto theft charges against your son? Keep in mind that if that is where you want to go, you'd have to testify against him and potentially send him to state prison. However, I suspect he'll argue that you knew he had the car or had let him use it before so even if you wanted to push the auto theft issue, it is doubtful that the DA would charge it.

I am a victim in this situation, have followed procedure, but they won't release my car. Its a red mustang, maybe they want it themselves lol-I cant afford 2400.00 to get it back, and surely cant sell it now. HELP!

You can always contact the tow yard and see if you can arrange to sign it over to them in lieu of fees paid.

Or, you can get the car out and then make your son pay you back for it - maybe even sue him in Small Claims Court.