Can a police officer impound a vehicle after finding that the driver had suspended their driving privileges?

California, United States of America


The following excerpt is from People v. Carballo, F064433 (Cal. App. 2013):

Day cited section 14602.6, subdivision (a)(1) as authority for his decision to impound the vehicle. This section states in relevant part that whenever an officer determines a person was driving a vehicle while his or her driving privileges were suspended, the police officer "may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the vehicle without necessity of arresting the person ...." This section has been interpreted as providing a peace officer with discretion to impound a vehicle, even if the driver is arrested. (California Highway Patrol v. Superior Court (2008) 162 Cal.App.4th 1144, 1151-1155.)

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