Towing Issues: towing from a shopping mall parking lot, driving without insurance, property question

Question
My brother and i were driving to a mall in ca. We were on the right hand lane and the police officer was on the left lane. They stayed behind us but still in their lane and then we pulled into the parking lot and parked the car to pick up his girlfriend. We were parked about 5 minutes when the police pulled up from behind (in the parking lot) and turned on their lights my brother was out of the car already and I was still in it. They asked him if he had anything illegal and he said no then came and asked me to get out of the car and if i had anything illegal. I had nothing as well. They then asked him for his insurance and registration and everything was up to date. He then stated he had no license. After about 15 minutes they told him he could leave but the car was being towed and he could call monday and speak to a traffic officer. He asked if someone with a license could come pick it up and they told him no he could only pick it up when gets his license. So My question is can they legally tow a car from that parking lot without authorization? And if they can why couldn't someone with a license come and pick up the car? Thank you, Alana

Answer
I think this sums it up:

Expert: Richard
Date: 10/23/2006
Subject: traffic-stop tow from private property

Question
Hi - I live in Oregon and was recently pulled over for a traffic violation.  I pulled into a private parking lot and the officer followed me there.  Because I did not have insurance, he towed my car. Can he legally tow my car from private property? Thanks for any thoughts.  Ashley


Answer
Yes is the answer you did not want to hear.

Driving without insurance is very serious and they have taken steps to handle the issue.
Impounding vehicles to prevent you from driving it again is the way. Now as to the tow from the private lot.  I would hope you would not of stopped in the middle of the road and left the vehicle blocking traffic.  Most everyone who drives wants to get out of the way and be safe when stopped.  That usually is parking lots.

Now the reason for the tow is also safekeeping of the vehicle.  You have seen the vehicles parked beside the road which are vandalized or even been in accidents by people running into them.  
Since you are in Oregon, my best guess is Portland.  You will have to get the insurance, then go to the police station show them proof, pay a fee for the release paperwork and then you are able to go to the tow company and pay the fee for towing and storage before you are able to get the vehicle..


It's not quite the same, but very similar.  In BC, Canada, any vehicle driven by an unlicensed driver or driven without insurance is subject to impound.  It's a penalty for breaking the law.  I believe they can hold it for upto 30 days here.  

End result: I'm not sure of your exact laws for who can pick up the car, but yes they can seize it from anywhere.  

Shayne Peterson
MobileHitch
http://www.mobilehitch.ca/