Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
car impounded
Posted by:
Help
()
Date: October 22, 2008 01:19PM
my car got impounded last night because we got pulled over and the person driving had a suspended license and i was extremely intoxicated. the back of the tow-in sheet says i gotta go to court to get it back. is that true? is there any easier way to get it back?
Re: car impounded
Posted by:
ummm
()
Date: October 22, 2008 01:20PM
call the tow company and ask if you can get it back
Re: car impounded
Posted by:
Lurker.
()
Date: October 22, 2008 02:13PM
Not sure what the rules are here, but the concept is they are not going to release the vehicle back to the unlicensed owner if he doesn't have a license to drive it away.
Usually they will release the vehicle to another driver if that driver has a valid license and has written permission of the owner.
(And of course all fines, proof of insurance, valid tags etc... have to be paid first)
Edited 2 time(s). Last edit at 10/22/2008 02:15PM by Lurker..
Usually they will release the vehicle to another driver if that driver has a valid license and has written permission of the owner.
(And of course all fines, proof of insurance, valid tags etc... have to be paid first)
Edited 2 time(s). Last edit at 10/22/2008 02:15PM by Lurker..
Re: car impounded
Posted by:
rickybobby
()
Date: October 22, 2008 02:53PM
Tried to narrow this down some for you, but if he/she suspended for previous dWi/etc., they could be holding it for 30 days. However, check out "c", might help you out some.
§ 46.2-301.1. Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle.
A. The motor vehicle being driven by any person (i) whose driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or driving while under the influence in violation of § 18.2-266, 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person's license has been administratively suspended under the provisions of § 46.2-391.2; or (iii) driving after such person's driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction, shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver's license, learner's permit or privilege to drive has been so revoked or suspended. The impoundment or immobilization shall be for a period of 30 days.
C. The owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation, may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender's driver's license was suspended or revoked when he authorized the offender to drive such motor vehicle or (ii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for 30 days, the court, in its discretion, may release the vehicle after some period of less than 30 days.
§ 46.2-301.1. Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle.
A. The motor vehicle being driven by any person (i) whose driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked for a violation of § 18.2-51.4 or driving while under the influence in violation of § 18.2-266, 46.2-341.24 or a substantially similar ordinance or law in any other jurisdiction; (ii) driving after adjudication as an habitual offender, where such adjudication was based in whole or in part on an alcohol-related offense, or where such person's license has been administratively suspended under the provisions of § 46.2-391.2; or (iii) driving after such person's driver's license, learner's permit or privilege to drive a motor vehicle has been suspended or revoked for unreasonable refusal of tests in violation of § 18.2-268.3, 46.2-341.26:3 or a substantially similar ordinance or law in any other jurisdiction, shall be impounded or immobilized by the arresting law-enforcement officer at the time the person is arrested for driving after his driver's license, learner's permit or privilege to drive has been so revoked or suspended. The impoundment or immobilization shall be for a period of 30 days.
C. The owner or co-owner of any motor vehicle impounded or immobilized under subsection A who was not the driver at the time of the violation, may petition the general district court in the jurisdiction where the violation occurred for the release of his motor vehicle. The motor vehicle shall be released if the owner or co-owner proves by a preponderance of the evidence that he (i) did not know that the offender's driver's license was suspended or revoked when he authorized the offender to drive such motor vehicle or (ii) did not consent to the operation of the motor vehicle by the offender. If the owner proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is impounded or immobilized for 30 days, the court, in its discretion, may release the vehicle after some period of less than 30 days.
Re: car impounded
Posted by:
Lurker.
()
Date: October 22, 2008 03:03PM
Interesting, so if you refuse the DWI tests your car is automatically impounded for 30 days. Unless there is a co-owner who can prove that he\she didn't know the car was being driven by an offender and doesn't have another vehicle he\she can drive. AKA A wife can't get back the husbands car if she has a car.
Re: car impounded
Posted by:
Help
()
Date: October 22, 2008 04:30PM
thank you guys for the information. looks like ill have to go petition this. i don't even know where to do this at :P. i've never gotten in trouble with the cops
Re: car impounded
Posted by:
cheetah
()
Date: October 23, 2008 04:58PM
If you live in FFX than go to the FFX courthouse or call them first to get information. You can generally fill out the paperwork w/o an attorney unless you're that naive.
Re: car impounded
Posted by:
kjnkdnf
()
Date: October 29, 2008 12:02AM
he was told and even says he has to go to court to get it back...yet still posts here on instructions to get it back. i think he is that naive.
is this really driving on a revoked license?
Posted by:
artyom
()
Date: January 13, 2012 03:10AM
ok so 2 days ago I signed up for 18 credits at nova and today I went to reston and I have a restricted licence. On the way home the cop stopped me because I made a right turn on red and pointed out to me that my license doesnt allow me to drive to school (i didnt know) because I guess somebody made a mistake making it. So he charged me with driving on a revoked license, making an illegal turn(we all do that) and not having up to date tags for this year. the car is impounded and its not mine its my mom's. i have classes and I dont feel the impounding was right. I also feel that I will have another year of license suspension unless I do smth about this.
any suggestions? and how is this considered driving on a revoked license if I have a restricted license (although it says i cant drive to school) and I can prove I was at school?
any suggestions? and how is this considered driving on a revoked license if I have a restricted license (although it says i cant drive to school) and I can prove I was at school?
Re: is this really driving on a revoked license?
Posted by:
it is revoked
()
Date: January 13, 2012 03:17AM
artyom Wrote:
-------------------------------------------------------
> ok so 2 days ago I signed up for 18 credits at
> nova and today I went to reston and I have a
> restricted licence. On the way home the cop
> stopped me because I made a right turn on red and
> pointed out to me that my license doesnt allow me
> to drive to school (i didnt know) because I guess
> somebody made a mistake making it. So he charged
> me with driving on a revoked license, making an
> illegal turn(we all do that) and not having up to
> date tags for this year. the car is impounded and
> its not mine its my mom's. i have classes and I
> dont feel the impounding was right. I also feel
> that I will have another year of license
> suspension unless I do smth about this.
> any suggestions? and how is this considered
> driving on a revoked license if I have a
> restricted license (although it says i cant drive
> to school) and I can prove I was at school?
Its driving on a revoked license because your license is revoked except for what your restricted license says you can do. It doesnt matter if you were at school or not. If it says you cant drive to school you cant drive to school. Nothing the cop did was illegal.
You can only drive on a restricted for what it specifically says you can drive it for short of having to rush someone to the hospital.
-------------------------------------------------------
> ok so 2 days ago I signed up for 18 credits at
> nova and today I went to reston and I have a
> restricted licence. On the way home the cop
> stopped me because I made a right turn on red and
> pointed out to me that my license doesnt allow me
> to drive to school (i didnt know) because I guess
> somebody made a mistake making it. So he charged
> me with driving on a revoked license, making an
> illegal turn(we all do that) and not having up to
> date tags for this year. the car is impounded and
> its not mine its my mom's. i have classes and I
> dont feel the impounding was right. I also feel
> that I will have another year of license
> suspension unless I do smth about this.
> any suggestions? and how is this considered
> driving on a revoked license if I have a
> restricted license (although it says i cant drive
> to school) and I can prove I was at school?
Its driving on a revoked license because your license is revoked except for what your restricted license says you can do. It doesnt matter if you were at school or not. If it says you cant drive to school you cant drive to school. Nothing the cop did was illegal.
You can only drive on a restricted for what it specifically says you can drive it for short of having to rush someone to the hospital.
Re: is this really driving on a revoked license?
Posted by:
Bill.N.
()
Date: January 13, 2012 06:44AM
it is revoked Wrote:
-------------------------------------------------------
> artyom Wrote:
> --------------------------------------------------
> -----
> > ok so 2 days ago I signed up for 18 credits at
> > nova and today I went to reston and I have a
> > restricted licence. On the way home the cop
> > stopped me because I made a right turn on red
> and
> > pointed out to me that my license doesnt allow
> me
> > to drive to school (i didnt know) because I
> guess
> > somebody made a mistake making it. So he
> charged
> > me with driving on a revoked license, making an
> > illegal turn(we all do that) and not having up
> to
> > date tags for this year. the car is impounded
> and
> > its not mine its my mom's. i have classes and I
> > dont feel the impounding was right. I also feel
> > that I will have another year of license
> > suspension unless I do smth about this.
> > any suggestions? and how is this considered
> > driving on a revoked license if I have a
> > restricted license (although it says i cant
> drive
> > to school) and I can prove I was at school?
>
>
> Its driving on a revoked license because your
> license is revoked except for what your restricted
> license says you can do. It doesnt matter if you
> were at school or not. If it says you cant drive
> to school you cant drive to school. Nothing the
> cop did was illegal.
>
> You can only drive on a restricted for what it
> specifically says you can drive it for short of
> having to rush someone to the hospital.
Where is Kilton when you need him?
Get a lawyer. You may not be looking just at a longer suspended license plus a huge fine. You may also be looking at jail time on the driving on suspended, and possibly on the charge that got your license suspended.
-------------------------------------------------------
> artyom Wrote:
> --------------------------------------------------
> -----
> > ok so 2 days ago I signed up for 18 credits at
> > nova and today I went to reston and I have a
> > restricted licence. On the way home the cop
> > stopped me because I made a right turn on red
> and
> > pointed out to me that my license doesnt allow
> me
> > to drive to school (i didnt know) because I
> guess
> > somebody made a mistake making it. So he
> charged
> > me with driving on a revoked license, making an
> > illegal turn(we all do that) and not having up
> to
> > date tags for this year. the car is impounded
> and
> > its not mine its my mom's. i have classes and I
> > dont feel the impounding was right. I also feel
> > that I will have another year of license
> > suspension unless I do smth about this.
> > any suggestions? and how is this considered
> > driving on a revoked license if I have a
> > restricted license (although it says i cant
> drive
> > to school) and I can prove I was at school?
>
>
> Its driving on a revoked license because your
> license is revoked except for what your restricted
> license says you can do. It doesnt matter if you
> were at school or not. If it says you cant drive
> to school you cant drive to school. Nothing the
> cop did was illegal.
>
> You can only drive on a restricted for what it
> specifically says you can drive it for short of
> having to rush someone to the hospital.
Where is Kilton when you need him?
Get a lawyer. You may not be looking just at a longer suspended license plus a huge fine. You may also be looking at jail time on the driving on suspended, and possibly on the charge that got your license suspended.
Re: car impounded
Posted by:
Urban Redneck
()
Date: January 13, 2012 03:11PM
If it was Willow Springs that towed it good luck they will still everything you own out of it before they release back to you.
Re: car impounded
Posted by:
Joe B.
()
Date: January 13, 2012 05:52PM
Whatever happens to you whether it be jail time, ass rape, loss of your '82 Ford Contour or a huge financial hit, you deserve whatever you get.
Re: car impounded
Posted by:
been there
()
Date: January 13, 2012 06:42PM
The court has nothing to do with it, only the impound company. They charge criminal rates. Go there immediately with cash and get your car.
Re: car impounded
Posted by:
alba campos
()
Date: January 13, 2012 06:47PM
RIP Carlos Hernandez