LUVTruck.com

Sorry, this is a long one... thanks in advance for reading it.

I was pulled over for speeding (45 in a 30) last night, and it ended with my truck going to the impound yard. Apparently my license had been suspended since March, and driving with a suspended license is a misdemeanor that carries a mandatory 30 day impound, and who knows what else. The reason for suspension was a DUI that I had never been stopped for, or notified of. They said that I had been served the noice of suspension back in March. I've been stopped twice since then, once by Sonora PD, once by the CHP, and they hadn't said anything.
This morning, I ran (rode my bicycle) around trying to figure out where the DUI came from. The DMV (8 miles from home) printout of my record dated the DUI on 2-4-09, and the notice of suspension as being served on 3-18-09. They sent me to the Sonora CHP (the arresting agency noted on my record) to find out the arresting officer, the time of day, and the place that it happened. The CHP (7 miles from the DMV) didn't know anything about it. No record what-so-ever. So, then I went to the District Attorney's office (the prosecuting office, 10 miles from the CHP), and they didn't know anything either, but they started looking around, and the only record was with the DMV. After sitting on the phone with the DMV from the DA's office for 30 minutes, they finally admitted that it was all an "updating error", and told me that it would be removed from my record in 24 hours. The PD has confirmed this, and the driving with a suspended license has been removed from last night's citation.

BUT, after almost 20 miles on my bicycle, my LUV is still sitting in the impound yard. And it looks like I'm going to have to pay for the fees.
Also, I've been unsuccessfully applying for jobs since May, most of which required a valid driver's license. So, this mistake has been messing up my life for quite a while now, and the DMV hasn't even said so much as "sorry" yet.

I'm still breathing, so I'm thankful. But other than that, life is in the crapper.
Any advice?

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1980 4X4 LUV daily driver, as stock as can be.

Ah, and a lawyer to get the impound fees dropped would likely cost way more. You can nearly always get away with it if you don't screw them too badly.

I had a buddy that had a similar problem and he didn't have to pay the impound fees.

Unfortunately you'll never get anything for the crap they put you through.

PD maid the error. They should get your truck out of the impound or who ever started it should get it out. Start on one and go to the other one... I am going to the local TV station.. Is that what they want? The local investigate reporter should happy to look into this... Kick their a$$ TV is always looking for something o report on.. It is a shame you don't have Marvin Zindler!

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75 Luv, 350 V8, TH350, Camaro rearend. New 1975 Luv Step side. Stock for now.
Grandmaster of the "Shade Tree" way.. I can't see the yard for all the cars. Come on down and we will sit on the porch and watch the grass grow.

They made the mistake and you still have to pay the impound fees. WOW! Unreal. That doesn't seem anywhere remotely close to right. I would try talking to a supervisor first and if that doesn't get you anywhere at least you tried. Good luck.

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In life there is the "Way things should be" and then "There's the way they are".

2005 Silverado 3/4T Crew Cab
1981 Luv 2WD
1979 Luv 4x4 Currently going through Open Heart and Cosmetic surgery
1995 Roughneck JetBoat
1981 Luv parts trk

Alright, so $210 later, I have my truck back. The Wrecker, Vic's of Sonora, was pretty good about it. They dismissed the storage fees ($50per day, 3 Days), but they couldn't let go of the towing charge. I agree with that, they have a business to run. PD has actually been very helpful, again, the officer was doing his job, and didn't book me (I checked the Vehicle code, and driving with a suspended license carries jail time). As of right now, the California Department of Motor Vehicles is the only entity at fault. Everybody else was just doing what the DMV said.

I'm going to write the DMV today, and ask for a reimbursement of the towing fees, and the $5 they charged me to get the driving record printout. If they tell me to kiss off, things are going to suck (for them).

Keep in mind that the DUI was put on my record in March, around the time my seasonal job ended. I have been unsuccessfully applying for employment since.

So, if they don't reimburse me:
I'm going to call the local T.V. station (thanks for the idea, PapaG), KCRA, and explain what has happened (Call 3 Investigates).
Then, I'm going to go to the Superior Court of Tuolumne County, and file suit for the impound fees, the DMV fees, the cost of transportation during the time my truck was impounded, and look into what I can do about the wages I could have earned had my record been clean ($8/hr, 40hrs/week, 12 weeks).

Sound about right?

Oh, and while I was at the PD, somebody else came in and had to get a fix it ticket signed off because the DMV glitched and didn't send her registration on time...

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1980 4X4 LUV daily driver, as stock as can be.

lol, I'm leaving CA as soon as I possibly can. I'm thinking about Washington... Hopefully their gov't can get things right.

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1980 4X4 LUV daily driver, as stock as can be.

hey man you know you have a law suit against the state you need to keep all documents you have get name of everyone you has talk with and times. As well contact every company that you have given resume to and or appilcations to if you can get one of the to say that they did not hire you do to this you should be able to get atleast a year worth of pay from the state i would not let this go man. i had this happen to me it took just over a year to get paid after atty fees i still got 35k . i know this sounds bad man but if you let this go they will do it to the next guy then the next and so on . IF you get fuc?ed stay up and bend the stats over and fuc? them too.. just dont use lube

Sue the hell out of 'em! Don't let them get away with this "mistake". Most of the people I've ever dealt with at a DMV are just one step away from being classified as retarded. Hire a good lawyer and go for it! Best of luck, hope everything goes your way. Let us know how it turns out.

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1962 Chevy C-10 Stepside-Rat Rod
1990 Chevy Suburban

The only way to combat violence is with greater violence!
Trying to please everyone is way to hard, but pissing everyone off is a piece of cake!

I'm not going to file suit right away. I'll go through their channels, but if nothing is done within 30 days (the limit placed on mail-order catalogues) I will make the visit to the courthouse.

Oh, I visited the DMV yesterday... again. If I hadn't gone in and had a copy of my driving record printed out BEFORE I had their mistake corrected, I wouldn't have been able to talk to anyone. They kept trying to send me to the CHP. I finally had to tell them that I had spoken with Laura from the Office of Drivers' Safety, and she told me that it was a DMV error. lol, then they told me to fill out "that form right over there" and include a letter explaining my grievances. So, that's what I'm going to do. I'll send the form Certified Mail, with Signature delivery confirmation.

Justin, Who said I was going to be gentle?

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1980 4X4 LUV daily driver, as stock as can be.

WELL DAMN IT BOY.......... GET R DONE LOL

Good luck on the lawsuit. Have you ever sued a State agency? You have to ask the court for permission first.

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Certified pilots, looking down on people since 1903.

Keep fighting, it's not like it's a mistake about a parking ticket...a DUI is about the worst for a driving record, the DMV deserves to go to hell generally but definitely in this case. It's usually laughable about how bad they are, but in this case it's very serious, it probably did cost you a job.

What do you mean? And, do you know how to do that? I'm not planning on filing suit just yet, but anything you know might prove helpful.


Not so lol, true, and yes, it likely did. All of the places I applied for asked for a valid DL.

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1980 4X4 LUV daily driver, as stock as can be.

I know because I worked for the State for several years.

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Certified pilots, looking down on people since 1903.

lol, uh, sorry if you worked for the DMV... I've been bashing it pretty hard in this thread, but they do deserve it.

Just got pulled over again. Only posting this because the problem wasn't with my driving, but with my LUV. Evidently, the hole in the bumper where the hitch ball is supposed to go positions the hitch ball directly in front of the license plate, obscuring the license plate number. Just letting you guys know, because I know I'm not the only one with a hitch ball in that spot.

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1980 4X4 LUV daily driver, as stock as can be.

you should have told the cop "well your gonna be busy then, everything that has a bumper pull hitch has a ball that blocks the lisence plate"!

i got pulled over for something stupid like that once, the cop searched all over my car and then told me he pulled me over because the little light that was over my lisence plate was out.
ok then why did you feel that you had to search my car like i am hiding something, or someone?

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zyanug
75 luv stepside... Work in progress
76 fleetside 350hp 1968 327cu
"No replacement for displacement!"
___/__l____
[_@l__l__@_]***

Alot of times a cop will pull a car over with a burnt out lic. plate light and the driver gets a DUI.

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Life is a DRAG RACE!!!
I like my Luv WILD!!!

Sometimes too much to drink isn't enough!!
Kinky is using a feather. Perverted is using the whole chicken.
http://www.wildluvracing.com

I didnt work at DMV, trust me they are not my favorite either.

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Certified pilots, looking down on people since 1903.

Alright, so this is the letter I'm sending to the DMV:

15 October 2009
The Director of the California Department of Motor Vehicles:

My name is Rhett McBride, and my driver's license number is . Last Sunday, October 11, 2009 my truck was impounded because the California DMV had mistakenly placed a DUI conviction on my driving record, thereby suspending my Driver's License. My record has since been corrected. Included with this letter is a copy of a printout of my record before the correction was made. I am writing this letter to request reimbursement for the towing fees ($210, a copy of the receipt is enclosed), and the DMV fees I incurred ($5 for the record printout) because of this error on the part of the DMV. I would also like an admission, in writing, that my driving record was incorrectly updated, as I have been denied employment because of this mistake. This letter will be sent using Certified Mail, and I will be requesting a signature confirmation to ascertain delivery date and time.
Because I am required to respond within thirty (30) days anytime I owe the DMV money, I am asking for a response within thirty (30) days or less from the time that this letter is received by the Office of the Director, California Department of Motor Vehicles. If I do not receive a response within the above mentioned thirty (30) day period, I will find another way to achieve reimbursement.

Thank you,




Rhett McBride
(209)-555-0062
Drivers License Number:
P.O. Box , Sonora, CA 95370
_________________________________

Pretty much. I'm sending it today. I'll keep this thread up-to-date.

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1980 4X4 LUV daily driver, as stock as can be.