Vehicles: reckless driving: impoundment.

Plain English Breakdown

The bill summary and digest text provided do not specify what happens if a car owner cannot provide proof or a signed statement when trying to get their vehicle back early, leaving this as an open question.

Vehicles: Reckless Driving and Impoundment

This law changes the suspension period for driving privileges after a reckless driving conviction and increases the impoundment time for vehicles involved in such incidents.

What This Bill Does

• Changes the length of suspension for driving privileges when someone is found guilty of reckless driving. First-time offenders will have their license suspended for up to 60 days; second-time offenders, between 30 and 6 months; third-time or more offenders, between 90 days and one year.
• Increases the time a car can be impounded if someone is caught recklessly driving. If the person has been convicted of reckless driving within the last three years, their car will be kept by the police for at least 60 days but no longer than 90 days.
• Requires the owner to provide proof that they did not give permission for the driver to use the vehicle if the car is released early from impoundment due to certain reasons.
• Limits how many times a car can be returned before the end of the impound period based on specific conditions, such as the registered owner not being aware of the reckless driving.
• Prevents towing and storage fees for vehicles that are released because charges against the driver were dropped.

Who It Names or Affects

• People who drive cars and get caught recklessly driving
• Car owners whose vehicles are impounded due to reckless driving by someone else

Terms To Know

Impoundment

When the police take a car away from its owner for a certain period of time.

Conviction

When a court decides that someone is guilty of breaking the law.

Limits and Unknowns

• The bill does not specify what happens if the car owner cannot provide proof or a signed statement when trying to get their vehicle back early.
• It's unclear how this will affect people who are repeatedly caught driving recklessly but do not own the cars they use.

Official Summary Text

SB 1198, as amended, Menjivar.
Vehicles: reckless driving: impoundment.
Under existing law, a court is authorized to suspend the driving privilege of a licensed driver convicted of a violation relating to the speed of vehicles or reckless driving for a period
of
not to exceed 30 days for a first conviction, for a period
of
not to exceed 60 days upon a 2nd
convection,
conviction,
and for a period
of
not to exceed 6 months upon a 3rd or any subsequent conviction.
This bill
would
would, commencing on January 1, 2028,
authorize a court, for a conviction of reckless driving, to suspend the driving privilege for a period not to exceed 60 days upon a first conviction and for a period of not less than 30 days and not to exceed 6 months upon a 2nd conviction, and would require a court to suspend the driving privilege for a period of not less than 90 days and not to exceed one year upon a 3rd or any subsequent conviction.
Existing law authorizes a peace officer to arrest a person and seize the motor vehicle of the person if a peace officer determines that the person was engaged in a motor vehicle speed contest, reckless driving, or an exhibition of speed on a highway or in an offstreet parking facility. Existing law allows a vehicle seized under this provision to be impounded for up to 30 days. Existing law requires an impounding agency to release a motor vehicle to the registered owner or their agent prior to the
conclusion of the impoundment period if, among other reasons, the person alleged to have been engaged in the motor vehicle speed contest was not authorized by the registered owner to operate the motor vehicle at the time of the commission of the offense, or if the registered owner was neither the driver nor a passenger of the motor vehicle or was unaware that the driver was using the motor vehicle to engage in the prohibited activities.
If a peace officer determines that a person was engaged in reckless driving on a highway or in an offstreet parking facility, this bill would authorize the seized motor vehicle to be impounded for not less than 60 days and not more than 90 days if the person has a reckless driving conviction that occurred within 3 years before the current offense. If an impounding agency releases a motor vehicle to the registered owner or agent prior to the conclusion of the impoundment period, the bill would require the registered owner to provide
evidence that the driver did not have authorization from the registered owner to operate the motor vehicle, as specified, or require the registered owner to submit a written, signed statement attesting that the registered owner was unaware that the driver was using the vehicle to engage in reckless driving. The bill would allow a registered owner or their agent to obtain their vehicle prior to the conclusion of the impoundment period based on the reason that the registered owner was not the driver or passenger of the motor vehicle or was unaware that the driver was engaging in reckless driving 3 times. The bill would prohibit a registered owner from using this reason to obtain the motor vehicle prior to the conclusion of the impoundment period for a 4th or any subsequent arrest that involves the same driver and vehicle.
Existing law requires an impounding agency to release an impounded vehicle before the conclusion of the impound period if the charges against the
driver are dismissed.
This bill would prohibit the registered owner or driver of the vehicle from being charged any towing or storage fees if the vehicle is released for this reason.

Current Bill Text

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