Appeals Courts Rules Vehicle Seizure Not Required in California DUI Cases
The Third District Court of Appeals of California ruled that police are not required to seize and hold a vehicle of a motorist accused (but not convicted) of driving under the influence or driving while having a suspended license.
See the Third District Court of Appeals of California’s Ruling
The decision by the three judge panel involves a case filed against two California Highway Patrol officers. The CHP officers arrested Scott St. Pierre for California DUI and driving with a suspended license, after a minor traffic accident. Later in the day, police released St. Pierre and allowed his mother to retrieve his impounded car. Hours later St. Pierre was involved in an accident that killed Jerry Walker. Relatives of Walker sued the California Highway Patrol, saying that the CHP officerâs failure to keep St. Pierreâs seized vehicle resulted in a wrongful death. A trial court agreed that when a vehicle is seized during a suspended license case, the law says it must be impounded for thirty days.
The Appeals Court found the trial court had technically misread the law. The Appeals judges went on to say that their interpretation follows the legislative intent of the law. They pointed out that the state of California would need the space to store one million vehicles if every motorist driving without a license was apprehended and their vehicles impounded for thirty days.
The Court also ordered the dismissal of the suit filed against the CHP officers.
Arrested for a DUI in California? You will need to hire a California DUI lawyer to help you fight your drunk driving charge and to save your driver’s license.
