Ontario, CA asked in Personal Injury, Civil Rights and Municipal Law for California

Q: Is it legal for the cops to tow your vehicle if your driving with no license and are homeless living in your vehicle?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the legality of towing a vehicle in which someone is living, particularly if they are homeless and driving without a license, can be complex and depends on several factors. First, driving without a valid driver's license is illegal in California. If law enforcement stops a driver and finds they don't have a license, the officer has the discretion to tow the vehicle. This is often justified as a measure to prevent the continuation of illegal driving.

However, if the vehicle is also your home, this situation becomes more sensitive. California has acknowledged the challenges faced by individuals experiencing homelessness. While the lack of a license can legally justify towing, the fact that the vehicle is your home adds a layer of complexity to the situation. The officer might consider alternative options or provide time to rectify the license issue, but this is not guaranteed.

It's important to seek legal advice specific to your situation. A legal professional can offer guidance based on the details of your case and help you understand your rights and options under California law. Remember, every situation is unique and deserves individual attention and consideration.

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