California DUI Penalty Enhancment: Vehicle Impoundment or Sale as a Nuisance
California Law imposes a penalty enhancement for a DUI offense that results in the impoundment and / or sale as a nuisance of the vehicle used in the commission of the drunk or drugged driving related offense.
California Vehicle Codes §23592, 23594 & 23596:
California Vehicle Code §23592:
Vehicle ImpoundmentThe court may impose impoundment of a vehicle owned by the driver commissioned while committing specific violations when a conviction of guilty has been reached for a term of up to six months for a first offense and up to twelve months for a second or subsequent multiple offense.
Qualifying Vehicle Impoundment Violations:
1. Operating a vehicle or vessel with a drivers license in suspension or revocation
2 . Evading a police officer, reckless driving or demonstrating a reckless regard for the personal safety and / or property of others resulting in an accident or collision, or causing death to another while evading a police officer if the violation was committed within 7 years of a conviction for:
a. A dry ( non-alcohol or drug related ) reckless driving conviction involving driving at a speed of 100 mph or above (23103)
b. A Driving Under the Influence of alcohol conviction (23152)
c. A conviction of Driving Under the Influence of alcohol and / or drugs, or a combination of alcohol and drugs that results in bodily injury to another (23153)
d. A vehicular manslaughter while intoxicated conviction (Penal Code 191.5)
e. A conviction of driving a vehicle without gross neglicence in the commission of a crime or in the commssion of an illegal act which could cause fatality, or while causing a collision or accident for financial gain such as insurance fraud, that results in death. (Penal Code 192)
3 . The expense for impoundment and storage of a vehicle qualifying for the violations listed above will be imposed as a lien against said vehicle or vessel.
4 . If a vehicle has been impounded under the provision stated above, and such vehicle is subject to a conditional contract of sale or lease, or a chattel mortgage, it shall be released to the lawful registered owner under an affidavit filed by such person or entity swearing that the mortgage, sale or lease contract is in default. The legal owner must pay the accumulated fees for impoundment and storage of the vehicle or vessel as a condition of release from impoundment.
California Vehicle Code §23594:
§23152 or §23153 Violation Convictions by Registered Owner Resulting in Vehicle Impoundment1 . When a DUI (23152) or DUI causing bodiy injury to another (23153) is committed by the registered owner of the vehicle driven to commit the offense, upon conviction of the charges the court may impose impoundment of the vehicle at the expense of the registrant for up to 30 days and not less than 1 day.
a . If the violation was committed within 5 years of a DUI or a DUI causing bodily injury to another offense for which the driver was convicted, the court shall impound the vehicle commissioned in the current offense for at least one day and up to thirty days at the registrant's expense if a conviction is reached in the case.
b . If the violation was committed within 5 years of two or more DUI or DUI causing bodily injury to another offenses for which the driver was convicted, the court shall impound the vehicle commissioned in the current offense for at least one day and up to ninety days at the registrant's expense if a conviction is reached in the case.
c . When considering impounding a vehicle under section 23594, the court may into account whether such seizure would result in job loss of the violator or the violator's next of kin, impede the offender or offender's family from obtaining medical care or educational services such as school, training programs, apprenticeships, etc. or result in the loss or forfeiture of the impounded vehicle becuase the registrant is indigent and / or unable to pay impoundment and storage costs, or the seizure of the vehicle would infringe on another's property rights, or any other reason for exemption the court deems valid.
2 . It is ilegal to drive a vehicle specified in Section 12804.9 of the California Vehicle Code on a highway or roadway with only a class C or M driver's license. A vehicle specified under Section 12804.9 is subject to impoundment if if not driven by an appropriately class A licensed driver.
California Vehicle Code §23596:
Impoundment and Sale of Vehicle as a Nuisance1 . The Court with Jurisdiction over an offense calling for Sale of Vehicle as a Nuisance in California may declare a vehicle a nuisance if it the defendant is the registered owner and was driving the vehicle the vehicle at the time of the offense for the following violations:
a . Vehicular Manslaughter while intoxicated
b . Operating a vehicle and intentionally causing an accident or collision for financial gain such as insurance fraud, which results in any fatality.
c . A DUI or DUID (Driving Under the Influence of Drugs) that occurred with 7 years of two more unconnected violations of vehicular manslaughter and / or causing a vehicular collision for financial gain resulting in the death of any person, or prior DUI or DUI while causing bodily injury to another, or any combination of these convicted crimes.
d . A DUI or DUID (Driving Under the Influence of Drugs) violation that occurred within 7 years of a DUI causing bodily injury to another.
2 . If a vehicle is to be declared and sold as a nuisance, the defendant shall be notified by the court or prosecutor by a notice of the motion, and a hearing will be held before the vehicle can be declared a nuisance.
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