Pulled over and accused of talking on cell phone while stopped at stop light. Accused of no ins. and suspended licence, car was towed to impound.

UPDATED: Jun 17, 2009

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Pulled over and accused of talking on cell phone while stopped at stop light. Accused of no ins. and suspended licence, car was towed to impound.

Call to person went to voice mail. Person flipped open phone to make sure call was not an emergency call. Did not talk on phone. CHP officer told driver his licence was suspended and no ins., which is not true. Licence and ins. paid up current. Officer took his licence and had car towed to impound at owners expense. 3 days later, person asked city PD about problem, officer ran license and everything came back clear. Impound charge is close to $1000.00 currently and person doesn’t have funds to get car released. CHP office said appears to be a big mistake, but car remains in impound til paid.

Asked on June 17, 2009 under Insurance Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I think the person needs a lawyer, to send just the right letter to police headquarters and maybe city hall as well.  Because this is nonsense, there should be a way that you don't have to pay for their mistake.  Depending on all of the facts, if this isn't corrected, it might be a violation of your civil rights.  One place the person can find an attorney is our website, http://attorneypages.com

The Fourth Amendment protects us all against unreasonable searches and seizures.  It's one thing to seize the person's car by mistake, but it's another to refuse to return it afterward.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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