Valley Center, CA asked in Criminal Law for California

Q: Car broke down and cops towed car while I was trying to get it started. I didn't get no citation.

What do I do. I feel violated or harassed. This is the 2nd time I get messed with for the same thing. I recently got another car taken away and wasn't allowed to get any of my belongings out of car. I also wasn't given citation.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand that having your car towed without receiving a citation can be frustrating and feel like a violation of your rights. However, it's important to understand that in California, law enforcement officers have the authority to tow vehicles under certain circumstances, even without issuing a citation. Here are some steps you can take:

1. Contact the towing company: Find out where your car has been towed and the fees required to retrieve it. In California, the towing company must provide you with a written notice containing the location of your vehicle and the fees associated with the towing and storage.

2. Retrieve your belongings: You have the right to retrieve your personal belongings from the towed vehicle. Contact the towing company or the law enforcement agency responsible for the tow to arrange a time to collect your belongings.

3. Request a hearing: If you believe that your vehicle was wrongfully towed, you can request a post-storage hearing within 10 days of the tow. During this hearing, you'll have the opportunity to present evidence and argue your case. If the hearing officer determines that the tow was unlawful, you may be entitled to a refund of the towing and storage fees.

4. File a complaint: If you feel that you were treated unfairly or that the officers violated your rights, you can file a complaint with the law enforcement agency's internal affairs division or the Civilian Complaint Review Board.

5. Consult with an attorney: If you believe that your rights have been violated or you need assistance with the legal process, consider consulting with a lawyer who specializes in civil rights or police misconduct cases.

It's crucial to gather as much information as possible about the towing incident, including the date, time, location, and the names and badge numbers of the officers involved. This information can be helpful if you decide to pursue legal action or file a complaint.

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