One of the bedrock principles of our system is that the state cannot deprive
you of life, liberty or property without due process of law. "Due
process" nearly always means notice and hearing.
It is always a good idea to request a hearing, especially if there may
be a subsequent prosecution. For example, if your car were impounded in
Mojave because the officer claimed your BAC was above .10, your attorney
would have the opportunity to challenge the tester or the equipment. Basically,
any pre-trial hearing is free discovery for your lawyer. And, at trial,
knowledge is power.
There are a number of
defenses that you have available at an impound hearing. First of all, you must
pay all the impound and storage fees, have a valid drivers' license
and current auto insurance. Next, convince the hearing officer of one
of the following:
These are just some of the ways that a traffic attorney could successfully
argue to get your car out of impound.