Can an officer impound your vehicle if he did not pull you over? 3 Answers as of May 05, 2011

Can an officer tow your vehicle if he only saw you driving, but didnt pull you over (turn lights on) until after person was out of the vehicle and the vehicle was parked and turned off?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Yes. He CAN [and did] do what he likes. When a vehicle is impounded, go bail it out ASAP to avoid the huge daily charges you are incurring. I assume this means you were arrested; he wouldnt have impounded the vehicle without an arrest. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear.

Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California
Replied: 5/5/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
It happens. It depends largely on the nature of the crime you are arrested for and whether the vehicle was arguably involved (DUI, soliciting prostitution).
Answer Applies to: California
Replied: 5/4/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
It depends. If the vehicle was improperly registered, or if you were driving without a license, etc., then the officer could tow the vehicle. However, such action is often discretionary. Some officers are kinder (and more humane) than others. You did not provide enough information to speculate about every possible set of circumstances.
Answer Applies to: California
Replied: 5/4/2011
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