This blog post will clarify and inform CA drivers about the pending changes
to vehicle impoundment in CA Assembly Bill
Reckless Driving, Exhibitions of Speed or Speed Contests, and Vehicle Impounds as proposed by Assembly Member Friedman, which was enacted 17 February
2017. CA AB 1993 amends or supersedes CA Vehicle Code (CVC)
Reckless Driving, Speed Contests, and Exhibitions of Speed and
CA AB 1393, Vehicle Impoundment Seeks to Minimize the Financial Effects
CA AB 1993 provides changes to the required vehicle impoundment of the
family vehicle when it negatively affects the family’s ability to
travel back and forth to work and provide for its financial responsibilities,
particularly when it is the only vehicle available for the family’s
use. Section a 1 (D) of CVC 23103 and 23109 stipulates, “If the
court finds that the vehicle to be impounded is the only means of transportation
for other members of the defendant’s family and impounding the vehicle
will result in undue hardship for the family, the court may decline to
order the vehicle impounded.”
The provisions for a minimum $145 fine, the maximum fine of $1000, nor
the imprisonment of a minimum of 5 days or maximum 90 days does not change;
however, this amendment does not restrict the court’s authority
to grant probation instead of part or all of the sentence.
Both the required minimum and maximum fines are the base fine and state
and county assessments, fees, and penalties will be added, on a minimum
$145 base fine, the total is between $500 and $600 and the max fine of
$1000 is closer to $3000. So, there’s no financial easement of the
fine. The court may, however, order the convicted party to serve jail
time during non-work days and restrict their driver’s license (DL)
suspension so that they may drive back and forth to work, only.
Additionally, the vehicle’s owner or authorized representative must
pay all storage and towing fees, which can add up to another $1500 or more.
The amendment also stipulates what actions must be taken for stolen vehicles,
rental vehicles, and in the case where the driver was not the owner of
the car and the legal owner had no prior knowledge of the speed contest,
reckless driving, or an exhibition of speed as defined by CVC
The amendment also provides that the owner, nor the owner’s representative
shall be made to pay for vehicle impoundment or related fees when the
defendant is exonerated or the charges are dismissed.
Hire a Central Valley Traffic Lawyer
When your family car has been impounded by law enforcement officers (LEO)
or a vehicle impoundment order has been submitted you should call Bigger
& Harman immediately to determine your rights as the vehicle owner
whether or not you were the driver or a passenger in the car at the time
of the incident.
Bigger & Harman are traffic ticket attorneys in the Central Valley
area and handle some cases in SoCal as well. Although their main office
is in Bakersfield, they practice law in traffic courts in Barstow, Lamont,
Riverside, LA, Fresno and many other CA cities. Because they are in traffic
court on a near daily basis defending recipients of traffic tickets, they
know what changes are upcoming, and which have already been enacted.
Call Bigger & Harman, 661-349-9300 to ask about your circumstances
Nolo.com write-up, Nolo is the nation’s largest online digest of legal professionals.
In addition, you should check the comments on
Yelp to get a clearer image of who these guys are and how pleased they are
to serve California drivers.
Se habla Español 661.349.9755.