Towing Issues: towing for expired registrations, city of milpitas ca, city of milpitas


Question
On sat, a police officer pulled me over and asked for my car registration details. He got my car towed as I did not have proof of registration and in his record my car showed with expired registration for more than 6 months.

When I went to DMV San Jose, they said that my car was erroneously showing registered out of state, in MI. I got my records straightened and paid for my registration.

Now the police is informing me that they will release my car from impound, but I will have to pay approx $350 to police towing fee and Towing company is charging me $350 ($175 for towing and $55/day for storage) = total of close to $700

Additional info: I live in city of Milpitas, CA, I was pulled over in city of Milpitas, and the towing company is also in city of milpitas, all within 5-10 mins of driving distance. The above charges feel very acute for such small driving distance.

My questions are:

1) What is the police towing charge for? Isn't this part of their duties?

2) Is it a law to tow vehicles with expired registration beyond 6 months.

3) Is there a way to appeal these charges as the DMV records were faulty and they share the responsibility of this oversight/error.  

Answer
OK answers...


1)   Police towing charge is for them to recover some of the expenses of them doing the paperwork and such for having the vehicle towed. Think of it as a "HIDDEN TAX" which you are paying (yes it seems like double payment of taxes for services).
Given todays budget issues, they have turned to different ways to make more revenue. In most cases the "FEE" is more than the tow company charges for the actual towing of the vehicle.

2)   In California they do tow vehicles (and in other states) for expired registration. Its kind of 2 fold for reasons.
First of all, unlicensed vehicles have not paid the state the fees to register and as such the state is losing money, and the City does not get its share of the fees.
  Second, an unlicensed vehicle is most likely not insured and as such it presents a safety risk to the motoring public if you are hit by it. Think of medical bills and other issues where there is no coverage.

3)   Well I would assume that you can sue the state DMV for this mistake, oversight or what ever they call it. But I am going to guess that they will have some kind of "Hold harmless" law for things like this.


Now towing charges in California for police ordered tows are generally set by contract and a lot of them follow the rates which CHP uses. It does not matter if it is towed 1 mile or 10 miles, as they tend to charge by the hour. From time out to time in is the most common method of charging.