San Francisco, CA asked in Criminal Law, Traffic Tickets, Appeals / Appellate Law and Constitutional Law for California

Q: Towed by SFPD but VC/due process violations? No tow hearing request by phone, officer's notes, officer and no caution.

The vehicle code clearly states that a tow hearing may be requested by mail, in person OR BY PHONE, SFPD doesn't list this on its website and it's impossible to request over the phone. At the "tow hearing" which was done standing at a counter there was no citation, no report from officer/notebook or officer and no caution that I had the right not to say anything until the hearing officer finished presenting the case, just a tow slip at the end stating vehicle displaying expired tabs without any photo of the vehicle or notes from the officer in evidence. The whole thing lasted three minutes, if that. I asked if it was civil or criminal and he said neither, just justification. I've seen a few constitutional challenges on Westlaw and Lexis for towed vehicles but most seem to have not gone well. Has anyone successfully obtained a restraining order (Motion for TRO etc.) to release a towed vehicle from a California agency while a case is pending for due process violations? Many thanks!

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you really need a SF lawyer as each city does things differently

1 user found this answer helpful

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