Alviso

Does a law that authorizes the 30-day impoundment of a vehicle driven on a revoked or suspended license violate the vehicle owner’s constitutional rights? Appellant David S. Alviso, whose car was impounded pursuant to Vehicle Code sections 14602.6 and 22852, contends the statutory impoundment scheme violates state and federal constitutional principles of equal protection, due process, and freedom from unreasonable seizures. The trial court rejected these claims. So do we.

BACKGROUND

The facts are undisputed. A Sonoma County deputy sheriff pulled Alviso over and discovered he was driving while his license was suspended due to his previous conviction for driving while intoxicated. The basis for the stop is uncontested. Alviso was arrested for driving on a suspended license and his car was impounded pursuant to Vehicle Code section 14602.6.

Alviso was provided timely written notice within two days of his right to request an administrative hearing to challenge the validity of the impoundment, but made no request. His car therefore remained impounded for 30 days. The amount of towing charges, administrative fees and storage costs Alviso was required to pay to secure release…