My question involves a traffic citation from the state of: CALIFORNIA
So to give a little background, CHP cited me for CVC 4000 (a)(1) because the officer thought I was driving my "dune buggy" on the highway. Said "dune buggy" has no title, no registration and I am a resident of Nevada (no requirement to register the year and make of my contrivance). Without telling the whole convoluted story, the officer contacted me in my family's driveway and threatened to impound said vehicle. The vehicle was parked on the grass to the left of the driveway of my family's property. Who was operating it on the highway remains a mystery, but his MVARS shows that it was. Since I was the one standing next to it when he arrived at the property, I assume that he thought it was me. He asked if I was the legal owner, registered owner, etc and because I was not answering his questions to his liking, he threatened to impound for 30 days (my answers did not come as he wanted, because since there is not a title or registration, asking who legal owner or registered owner did not make sense to me and atop that, I felt like if I had answered some of his questions incorrectly, he was going to use my answers against me - so I clammed up). Things got a little heated, because I felt that since the thing was on our property, then it was "hands off". Now if it were in the street, and my little nephew was at the controls, then we'd have a totally different situation, but it was on our property and I was not about to admit that I was doing something that I didn't do. I knew that a 30 day impound is usually for no DL or maybe 6 months expired registration - but since this automobile has neither title nor registration - I have some huge concerns, as the CODE does not address UNREGISTERED and just about everything BUT UNREGISTERED. The sheet that the impound yard gave me indicated that the authority to which it was stored or impounded was CVC 22651 (o) which reads:
22651. A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act, under the following circumstances:
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
Thats it - just "(o)" - not even a (1) ….. no sub paragraph, no exception, no anything - just "o" - as if "o" means "fill in your own reason and go for it"
http://ift.tt/134zA64
So anyway, I request a supervisor - we discuss it some more and get nowhere….but what I couldn't understand is why would they impound or store it, only to have me go get it just a few hours later. I think its part of some deterrent ploy - maybe I am wrong, but I saw no logic in requiring an impound and when I go get it, all I have to do it prove its mine (receipts) and I am done. Even if the thing was on the street, its an unregistered contrivance and the code doesn't even mention unregistered vehicles. Not a single instance. Nowhere. Only expired reg and other unrelated circumstances. I'm still baffled. :wall bang: The LT at the storage hearing even said it was legit - without explanation or reason. So now that the case has been dismissed, I am ready to get my storage fees back. Can anyone shed some light on this? I am really confused. And please leave the sarcastic stuff aside.
I'm all ears….
So to give a little background, CHP cited me for CVC 4000 (a)(1) because the officer thought I was driving my "dune buggy" on the highway. Said "dune buggy" has no title, no registration and I am a resident of Nevada (no requirement to register the year and make of my contrivance). Without telling the whole convoluted story, the officer contacted me in my family's driveway and threatened to impound said vehicle. The vehicle was parked on the grass to the left of the driveway of my family's property. Who was operating it on the highway remains a mystery, but his MVARS shows that it was. Since I was the one standing next to it when he arrived at the property, I assume that he thought it was me. He asked if I was the legal owner, registered owner, etc and because I was not answering his questions to his liking, he threatened to impound for 30 days (my answers did not come as he wanted, because since there is not a title or registration, asking who legal owner or registered owner did not make sense to me and atop that, I felt like if I had answered some of his questions incorrectly, he was going to use my answers against me - so I clammed up). Things got a little heated, because I felt that since the thing was on our property, then it was "hands off". Now if it were in the street, and my little nephew was at the controls, then we'd have a totally different situation, but it was on our property and I was not about to admit that I was doing something that I didn't do. I knew that a 30 day impound is usually for no DL or maybe 6 months expired registration - but since this automobile has neither title nor registration - I have some huge concerns, as the CODE does not address UNREGISTERED and just about everything BUT UNREGISTERED. The sheet that the impound yard gave me indicated that the authority to which it was stored or impounded was CVC 22651 (o) which reads:
22651. A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act, under the following circumstances:
(o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
Thats it - just "(o)" - not even a (1) ….. no sub paragraph, no exception, no anything - just "o" - as if "o" means "fill in your own reason and go for it"
http://ift.tt/134zA64
So anyway, I request a supervisor - we discuss it some more and get nowhere….but what I couldn't understand is why would they impound or store it, only to have me go get it just a few hours later. I think its part of some deterrent ploy - maybe I am wrong, but I saw no logic in requiring an impound and when I go get it, all I have to do it prove its mine (receipts) and I am done. Even if the thing was on the street, its an unregistered contrivance and the code doesn't even mention unregistered vehicles. Not a single instance. Nowhere. Only expired reg and other unrelated circumstances. I'm still baffled. :wall bang: The LT at the storage hearing even said it was legit - without explanation or reason. So now that the case has been dismissed, I am ready to get my storage fees back. Can anyone shed some light on this? I am really confused. And please leave the sarcastic stuff aside.
I'm all ears….
Impound: Would My Situation Be an Unauthorized or Illegal Impound or Storage
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