Does a court order that a vehicle impounded by a police force must be released from the impounded vehicle and returned to the owner's vehicle?

California, United States of America


The following excerpt is from People v. 6344 Skyway, Paradise, Cal., 71 Cal.App.4th 1026, 84 Cal.Rptr.2d 198 (Cal. App. 1999):

6 A similar result is expressly compelled by Vehicle Code sections governing the imposition of towing charges. The owner of an impounded car must pay towing and storage charges for the release of his vehicle or suffer its loss (Veh.Code, 22851), unless he can prove that probable cause for towing and impounding his car did not exist, in which event the towing and storage costs are generally borne by the law enforcement entity responsible for the towing (Veh.Code, 22852; People v. Martinez (1981) 118 Cal.App.3d 624, 633-634, fn. 5, 173 Cal.Rptr. 554; 68 Cal.Ops.Atty.Gen. 94; see 69 Cal.Ops.Atty.Gen. 36).

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