Pulled over & arrested on "small town" knowledge only! PLEASE KEEP READING...

[diannastockwell]

I was pulled over and ultimately arrested for driving on a suspended license in the small town I live in in California. My truck was also impounded for 30 days. The thing about it is I already went to court for this and have all the paperwork to prove it. I was also pulled over on small town knowledge alone. I wasn't speeding or breaking any traffic laws to instigate being pulled over. I had proof of valid registration and insurance. I was not told why I was being pulled over, just asked for my license, registration and insurance which I gave the deputy. He told me to shut my vehicle off and walked back to his car. When he came back he asked me step out of my vehicle and put my hands behind my back. I asked him what was going on and he said that I was being arrested for driving on a suspended license. I told him I had already gone to court for this, but they arrested me anyway. I asked if I could give the keys to my friend (who's driveway we were in) so I could have someone pick up the truck. I was told no it was being impounded. My pregnant daughter-in-law was also with me and witnessed all of this. She also said they went through my purse, which they did without my permission or knowledge.

According to the pink "VERBAL NOTICE BY PEACE OFFICER" I received 04/29/12, my license was suspended on 10/03/09 for failure to appear (FTA) vc 13365. The "Citation and Release" I received from the officer at the jail has my charges as:
14601.1 (A) VC DRIVE: LIC SUSPENDED/ETC.

I have court documents dated 10/25/10 including the court calendar from that day that shows my name, time and judge, the DMV printout I obtained on 10/21/10 and took to court, and my copy of the "WRITTEN PROMISE TO PAY FINE OR APPEAR IN COURT" that signed, and my receipt showing that I paid that fine in FULL.

After investigating further I found out that the suspension stems from a ticket dated 05/17/08 (vc 22100a) Improper Right Turn, then a Failure To Appear (vc 40508a)...yes I had forgotten about that ticket I received in Fresno! All of this was on the DMV printout I took to court on 10/25/10. During that court hearing, the Judge did something I have never seen before or since. He pounded his gavel "In The Name Of Justice" and dismissed over a $1000 in fines and dropped the fines to $183.00 the amount I paid in full. I also asked the Judge in court that day if my license was suspended or had a hold on it. I looked over the DMV printout and told me TWICE that there was no hold or suspension.

I am now looking at $2425 towing and impound fees which I cannot afford and don't feel I should have to pay since I had already been in court for this.

Please help! Any advice would be greatly appreciated!

Thank You~

 

[mightymoose]

Wow... quite a mess.
First off, there doesn't seem to be anything wrong with the arrest. Regardless of what you had to say, the deputy had good reason to believe that you were in fact driving on a suspended license since that was what the DMV was reporting. As a result of your arrest, the belongings in your possession were subject to search. As a result of the tow, the vehicle was subject to being inventoried, which is essentially a search.

As for the tow, you could take up a complaint with the police agency about having the vehicle towed out of a driveway and impounded. With the vehicle off of the roadway and out of traffic the tow/impound may have been overkill. However, when driving on a suspended license your vehicle is subject to the impound. While permitted in the Vehicle Code, such tows are not required and are a matter of discretion and policy. A complaint to the police agency might get the fees waived. Do not argue so much about the fact that it was towed, but rather where it was towed from. Towing from a driveway likely causes headaches for the supervisors who have to explain it. You might get them to waive the impound fees... but maybe not. Doesn't hurt to try.

As for your court hearing, the matter for which you were in court was addressed and you paid the fines. You were left with the impression that your license was no longer suspended, and the judge apparently said so, but the judge at that hearing would not necessarily have known that your citation from Fresno was still outstanding. Perhaps he had that information in front of him and missed it, or perhaps he didn't have it at all, but nonetheless it was YOUR responsibility to appear in court in Fresno as promised and you can not fault anyone for that.

If all of this was entirely about the matter that was heard in court, reduced, and paid then you would have a much stronger argument to make. However, your problem is really about the citation that you forgot about and failed to appear for. That matter has apparently not yet been addressed. You should be able to find out from the DMV what needs to be done to address the suspension due to the failure to appear.

 

[diannastockwell]

Thank you for responding to my post! Regarding the complaint with the sheriff's department, should I address this at my court hearing as well as file with the sheriff's department?

A few people have told me that I never should have been pulled over in the first place, that they must have run my plates to discover the suspension, and that they cannot legally do that. Haven't found any helpful information in that area. But I did find and make a copy of a fix-it ticket I received from CHP while driving my Mom's car after the date my license had been "suspended". Again, there is no citation for driving on a suspended, so I'm hoping the Judge will see why I have been under the impression that my license was clear, and maybe be able to waive the tow fees. When I went to the sheriff's department the week after the tow, I was told they had no control over that part of it once it had been towed...

 

[mightymoose]

Speak with the sheriff department about the needless tow. I suspect your complaint will fall on deaf ears but it doesn't hurt to try.

Your license plates don't give any information about your suspension. The officer has no idea who the driver is until he stops you unless he happens to recognize the driver prior. There is nothing illegal about checking license plates, though some departments may have policy requiring additional cause for a stop.

Your CHP ticket wont prove anything. It is possible that officer didn't take the time to verify the license status. And still, only you are responsible for your failure to appear in Fresno, not that officer.

I understand why you would believe your license is clear, but what you are experiencing is somewhat common when people fail to show in court. The consequences snowball and hit hard at the worst times.

 

[diannastockwell]

Amen to that! Well I appreciate all your input and at least I know that this will all be taken care of now...hard lesson to learn but one I won't forget!

 

[CdwJava]

The thing about it is I already went to court for this and have all the paperwork to prove it.

You may have gone to court to resolve the underlying LEGAL issue, but until you go to the DMV and have your license reinstated, it is still suspended. So, the arrest would appear to be lawful.

I was also pulled over on small town knowledge alone. I wasn't speeding or breaking any traffic laws to instigate being pulled over. I had proof of valid registration and insurance. I was not told why I was being pulled over, just asked for my license, registration and insurance which I gave the deputy. He told me to shut my vehicle off and walked back to his car. When he came back he asked me step out of my vehicle and put my hands behind my back. I asked him what was going on and he said that I was being arrested for driving on a suspended license. I told him I had already gone to court for this, but they arrested me anyway.

One of the nice things about small town policing is that they tend to know you on sight and know from previous contacts whether or not your license is suspended. Whether this particular officer's knowledge was recent enough to convince a court that the stop was valid will be a matter for a judge to decide if it ever gets to that point ... which I doubt.

I asked if I could give the keys to my friend (who's driveway we were in) so I could have someone pick up the truck. I was told no it was being impounded. My pregnant daughter-in-law was also with me and witnessed all of this. She also said they went through my purse, which they did without my permission or knowledge.

The tow of the car would appear to be on thin ice as the courts have ruled that in addition to the statutory authority to impound the vehicle, there must be an articulable community caretaking factor associated with the impound. Now, it is possible that they could articulate that had the vehicle NOT been towed from the driveway that you would have simply been driving it again, and that may well suffice. You are certainly free to take the agency to small clams court and make your argument.

As for the search of the purse, as previously explained, if the vehicle is subject to impound then the contents are subject to inventory(a search). If they found contraband in the purse, then your attorney might wish to move to suppress arguing an unlawful tow.

According to the pink "VERBAL NOTICE BY PEACE OFFICER" I received 04/29/12, my license was suspended on 10/03/09 for failure to appear (FTA) vc 13365. The "Citation and Release" I received from the officer at the jail has my charges as:
14601.1 (A) VC DRIVE: LIC SUSPENDED/ETC.

I have court documents dated 10/25/10 including the court calendar from that day that shows my name, time and judge, the DMV printout I obtained on 10/21/10 and took to court, and my copy of the "WRITTEN PROMISE TO PAY FINE OR APPEAR IN COURT" that signed, and my receipt showing that I paid that fine in FULL.

And did you present the officer with a valid driver's license?

After investigating further I found out that the suspension stems from a ticket dated 05/17/08 (vc 22100a) Improper Right Turn, then a Failure To Appear (vc 40508a)...yes I had forgotten about that ticket I received in Fresno!

Ah, so it was still suspended ... just not for the offense you thought.

I am now looking at $2425 towing and impound fees which I cannot afford and don't feel I should have to pay since I had already been in court for this.

If you wait, the amount will get larger. I assume you have the car out by now, correct? As I mentioned, you can always take the agency to small claims court and try to argue an unlawful tow, but you'll have to do a little research on the laws involved.

Also, a judge hearing this offense will not be able to waive any vehicle impound fees. You can challenge the tow by requesting a post storage hearing with the agency. That is where you might be able to get them to agree it was an improper tow ... maybe. You have ten days from the time of the tow to make the request and when you do, they have 48 hours to hold the hearing. If they do not refund your money, then you might well have to take them to small claims court. And they might not pay anything beyond the first day or two since they can argue that after that YOU had the obligation to pay for it.

 

[Unregistered]

Why does this have to be the ONLY rleialbe source? Oh well, gj!

What are you talking about??? And why post on a 6-month-old thread?

 

[CdwJava]

Why does this have to be the ONLY rleialbe source? Oh well, gj!

What are you talking about????

And why post on a 6 month old thread?