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How Do I Get My Car Back After Arrested for a DUI?

Posted by Ronald D. Hedding | Feb 28, 2018 | 0 Comments

It's not uncommon that when people get arrested for a DUI in Los Angeles, that the police take their car away and impound it. There's various reasons why the police can impound somebody's car.

Depending on the reason, that will dictate the solution as far as how you get your car back. If your car has been taken away from you because you're driving on a suspended license, then the law says they must keep the car for thirty days.

Suspended Driver's License Hold

The only way that I've seen people get around this thirty-day impoundment is if the person who actually owns the car had nothing to do with the driver who was driving on a suspended license. That person can come and show that it's their car, they need it and they weren't the one who caused it to be impounded.

Usually, if this is handled in a polite and professional manner, the police will release the hold on the car and the person can get their car back, so they can move on with their life. If, on the other hand, the person who has a suspended license owns that car and drives that car, then they're going to have to wait the thirty days while it's being impounded because they're impounding it by law and they're also going to have to pay the fees associated with the suspended license related to the case.

Other reasons that can cause a car to be held is if the police arrest you, they're entitled to impound your car, search it, and then once you get out of custody, you should be able to get the car back by going to the police station and following their prompts as far as what you have to do.

Criminal Case Hold

You're probably going to have to pay some fees in order to get the vehicle out. If the vehicle's being held as property, that's a different story. I've had a lot of situations where people's cars are held, and the police will not let the car out because either they were involved in some sort of a hit and run and they need to investigate and take pictures of the case, or sadly, the police will keep it to make sure that the person turns himself in related to a hit and run case.

Another scenario has to do with the car being held for evidence If you're involved in some sort of an accident, then the police need to photograph it and see what's inside of it in order to possibly use information in the car, then they can put a hold on it And unfortunately, they're pretty lazy when it comes to this and they take their time as far as releasing the car.

What I usually have to do in this scenario is contact the prosecutor, get the prosecutor to acknowledge that the police have had enough time to look at the car, take pictures, search it, etc., and then the prosecutors will typically call the police up and say hey, let the car go.

Retain Lawyer To Negotiate Vehicle Release

So, if your car is in custody, so to speak, and you want to try to get it out, your best solution is to hire an attorney to assist you with whatever criminal case you caused the car to get impounded in the first place and then tangential to that representation, your attorney can speak to the powers that be and figure out how to get your car out. Without an attorney, sometimes it is very difficult to get your car out and storage fees can mount, and you can be put in a position where the car is held for so long, depending on its value, it's not even worth it to get it out.

So, if you have a situation where you're charged with a crime and your car has been impounded and you're trying to get that vehicle out in Los Angeles county, let your attorney do the work for you. Let your attorney advise you.

Sometimes I advise people exactly how to get their car out and let them take care of the physical activity of doing it. They just really needed from me a strategy on how to get the vehicle out. But for an attorney to just tell you over the phone – not knowing anything about your situation – they're probably not going to be able to give you as much detail as you need to successfully get the vehicle out.

So, sometimes it takes vigilance to get the vehicle out – you have to put some time in and go to the right places – other times it takes patience because the police need to do whatever they need to do related to your vehicle, and eventually they're going to let it go. Sometimes it takes a little bit of both of these. But if you really want to get the strategy on how to get that vehicle out, in related to a DUI case, then you're going to need to talk to an attorney and let them properly advise you.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.


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