A member asked over 7 years ago

Car impounded

I got caught driving to work unlicensed. My car was impounded as it was my second offence. The police then added that my car had 3 bald tyres. I took photos of the tyres when I picked it up; they are not bald, cost me $997. I got caught again, for the the third time, and my vehicle is now still in impound, since Dec 19th. I can't afford to get it out. The officer asked me why I didn't wave to him than said I looked suspicious driving into a service station. I cannot understand his name on the form, nor his station or code. I rang the number and apparently he is from an operation unit for illegal street sex work and illegal brothels.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. The police can immediately impound your vehicle for 30 days if you are caught committing a high-risk or dangerous driving offence. This includes repeat offences of unlicensed or disqualified driving. If you commit an impoundment offence for a third time, the police can impound or immobilise your vehicle for 30 days and your vehicle may be permanently confiscated after you attend your court hearing.

Whether your vehicle is permanently confiscated will depend on nature of your driving offence and your history of driving (and other criminal) offences. The court may also impose other penalties for your unlicensed driving such as a fine, disqualification from driving, or imprisonment. A lawyer can advise you of potential penalties.

Although unlikely based on your driving offence history, if you become eligible to retrieve your vehicle from impoundment, you will need to first pay for the cost of storage.

It is not clear why you mentioned the conduct of the specific police officer who charged you or impounded your vehicle. It is not relevant what unit or department the police officer works in, as all police officers have the same authority to arrest and charge people suspected of committing an offence. If you believe the police officer acted unprofessionally or engaged in misconduct, you can lodge a complaint with Victoria Police online (www.police.vic.gov.au) or by phoning 1300 363 101.

Suggested way forward

The offences you describe are serious and carry significant penalties. You should speak to a criminal lawyer about the court process and the future of your vehicle. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer

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