California's New Auto Insurance Law Allows Confiscation of Vehicles

01/03/97

As of January 1, California drivers who don't carry insurance may face a fine of $1,350. Attorney Mitchell Mehdy, a.k.a. "Mr. Ticket," points out that the law also allows police to confiscate the cars of such drivers on the spot. Mehdy says that the police could pull you over, "just have your car towed away and say, `Have a nice day.'"

According to Mehdy--who has defended over 20,000 traffic tickets in nine years of practice--whether or not to confiscate is up to the discretion of the officer. "If you're stopped," he says, "it would be a good idea to be very polite to the police officer." Motorists' whose cars are confiscated are liable not only for court fines, but also for the costs of impounding and storing their cars.

Mehdy said, however, that the $1,350 fine allowable for the first offense is not a foregone conclusion. If one buys insurance after recieving a citation, says Mehdy by way of example, the court may reduce the fine.

Mehdy says the new law raises a fundamental issue of fairness. "If drivers can't afford the insurance, how, can they afford the $1,350 fine?" Mehdy thinks that many California drivers will continue to ignore the law, just like they do now: "many people simply don't earn enough to buy auto insurance."

Paul Dever -- The Auto Channel