Was my car lawfully impounded by the LAPD?

Question

I moved from TX to CA last Sept. to start school. So, I never got a CA license and my TX license hasnt expired yet.

Yesterday, I got pulled over for making an illegal u-turn. He saw my license was from TX... he asks how long Ive been here & I tell him 6 months... So he takes my license and goes back to the police car. Then he comes back and he gives me 2 tickets, one for the illegal u-turn and the other for having an out-of-state license after being here for 6 months. He then tells me to step out of the car, he searches it, and literally 2 minutes later a tow truck comes and he was having my car impounded.

I was left on the side of the road, with no money, all my family is in TX, and I had to wait till one of the guys from the dorm could pick me up.

Is this legal? My license is current and I am a student. I was treated like a crook. Can I fight it when I go to court?

Answer 1

This is a complete change from what I wrote before, and thanks to Mikeysco for citing the correct statute on residency. However, considering that statute, I think the officer in this case was absolutely wrong.



The "six months in state" rule is a rebuttable presumption regarding residency regarding vehicle registration. (Veh Code section 516.) That is NOT applicable to drivers licenses. I don't think a student is a resident even under VC 516, but the "state of domicile" rule for drivers licenses in Vehicle Code section 12505 (the only applicable statute) is even narrower. Your domicile is the state where a person has his "true, fixed, and permanent home and principle residence and to which he has manifested the intention of returning whenever he is absent." That simply cannot apply to a DORM!



So, the officer asked the wrong question--six months residence is IRRELEVANT to the issue. If you told him you were a student living in a dorm whose family is in Texas, he should have concluded that your "state of domicile" is NOT California. If you can tell the judge that your "state of domicile" was and is Texas, and there is no contrary evidence (e.g., you didn't register to vote in California), I see no way you can be convicted of this offense. I think you are probably dead on the U-turn, but if I were the judge, I would dismiss that, too, by way of apology.



Your employer should check out the means of dealing with any fees for the impound as recommended by Mikeysco. You might also consider having your employer write a letter of complaint to the police department once this has been taken care of in court.



Of course, if you ARE permanently in California, then you have no defense and the officer was right. You have to have a CA license if you are a resident even if your Texas license has not expired. But given just the facts you have set out, I don't believe you are a resident as defined by VC 12505 and I think that the officer (clearly relying upon the wrong statute) had any reason to think you were.

Answer 2

You need to get a lawyer. Don't know about California but many states allow an exemption for out of state full time students. The problem might be that if you're attending a state supported school in CA, you're receiving taxpayer funded benefits and may be required to have a CA tag.



Again, get a lawyer. Maybe your school has a legal aid office.

Answer 3

You should speak to an attorney.



I don't know the laws in California in regards to how long you have to transfer tags and get a license in that state.



I do know that under search and seizure they have to have permission to search your car or have a warrant unless they see something in plain view that is illegal.



They can inventory your car incident to your arrest. That would NOT be a full search, but to be sure nothing of great value would be in the vehicle before towing it.

Answer 4

Ok let's get this straight....it's not YOUR car correct? It is a company car? Is this company based outta TX? That is where the vehicle should be registered I believe, where the company is based out of. Definitly call and ask to speak to someone at the police dept. about the matter. Have you been able to get the car back? More to this then your telling us i think....they impounded it becuase of suspicion of drugs. They can do that sometimes, I don't know what the officer thinking. Just need to ask them more questions.

Answer 5

you were given a ticket for failure to notify the secretary of state of a change of address. if i remember correctly, this doesnt apply to students, unless you have established a permanent address and plan on staying there. there has to be more to it. your car shouldn't have been towed under those circumstances, unless CA is different from most states. ide contact the police department and ask to speak to a supervisor. if this doesn't work out do to the library and look up the violations on your tickets in a CA traffic law book and see what the requirements are for changing your address. remember talk politely and calm to the supervisor.

Answer 6

That's a little shakey. You must register your car in CA within 20 days of moving here. Yes, attending school constitutes moving here.



You can have your car towed for being 6mos over the reg expiration date. Essentially you are 6 mos over right?



You can always contest it. Call the tow liaison at the PD.

Answer 7

Most states give you 30 days to transfer your tags, not really your liscence, but the tags on the vehicle. It might be something just in California. I would contact the police department and find out why your vehicle was towed.

Answer 8

Nope. that's the downside in the direction of the full factor. @Muppet - They purchase it from inner maximum events who might desire to care much less. And there are some plenty the place they might purchase a automobile and the human beings might desire to care much less. and there is likewise people who purchase their vehicles from Mexico to boot.

Answer 9

California must need the revenue. I'm guessing you're not black or you'd probably have gotten beaten up too. If you're a legal resident of TX I can't see how LA could do that, but then again - it's LA.

Answer 10

You are asking people on Yahoo? How about knowing the local laws where you go. You say you lived there more than 6 months... that is plenty of time to know what you have to do. I applaud the police for their diligence against ignorant people like you; thank goodness they keep me safe.