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Reckless Driving Vehicle Impoundment Changes Pending

This blog post will clarify and inform CA drivers about the pending changes to vehicle impoundment in CA Assembly Bill (AB) 1993, 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) 23109, Speed Contests, 23109.2, Reckless Driving, Speed Contests, and Exhibitions of Speed and 23103, Reckless Driving.

CA AB 1393, Vehicle Impoundment Seeks to Minimize the Financial Effects on Families

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 23103, 23109 and 23109.2.

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 or email: attorney@markbigger.com

Read their 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.