NOTICE OF HEARING RIGHTS

PURPOSE OF HEARING

As a vehicle owner or other person entitled to possession of a stored/impounded vehicle, you have the right to a hearing if you believe your vehicle should not have been stored/impounded. The purpose of the hearing is to determine whether there was probable cause to store/impound the car, that is, whether the storing/impounding officer was legally authorized to remove your vehicle.

WHEN and WHERE THE HEARING WILL BE HELD

The hearing will be held within forty-eight (48) hours of the request, excluding weekends and holidays. The hearing will consist of a meeting with a hearing officer at the City of Irvine Police Department or, if you prefer, by telephone. You may present any witnesses or any other evidence you believe will show that your vehicle should not have been stored/impounded. You must establish that you are the owner of the car or that you have some other right to possession of it.

ATTENDANCE BY IMPOUNDING OFFICER

At the time you request a hearing, you may also request that the police officer who directed the storage/impound appear and answer your questions at the hearing.

CONDUCT OF THE HEARING

Suppose the Hearing Officer determines that your vehicle should not have been stored/impounded. In that case, it will be released to you without charge, or you will be reimbursed by mail after processing for the charges you paid to the Official Police Garage. Suppose the Hearing Officer determines that the vehicle was stored correctly/impounded. In that case, you must pay the impound and storage charges to the Official Police Garage (if you have not already done so), or a lien will be placed on the vehicle.

HOW TO REQUEST A HEARING

The request must be made within ten (10) business days of the date of mailing of the “Notice of Stored Vehicle.”

Failure to request a hearing within ten (10) days of the notice, or failure to attend a scheduled hearing, will end your right to a hearing. Complete a “Request for Vehicle Post Storage Hearing Form.” Telephone the Irvine Police for further information at (949) 724-7078.

Write or appear in person at the Irvine Police Department at One Civic Center Plaza, Irvine, CA 92606-5208.

NOTE: Your right to a hearing within forty-eight (48) hours does not affect your right to seek an immediate release of your vehicle, without waiting for a hearing, by obtaining a written release from the Irvine Police Department and paying the impound and storage charges of the Official Police Garage. In this event, the Hearing Officer will determine whether you are entitled to a refund of the charges.

RESULTS OF HEARING:

A written reply from the hearing officer may be provided upon request. The time within which to file a judicial challenge of the Hearing Officer’s decision is governed by section 1094.6 of the California Code of Civil Procedure.