Car accident, tickets given

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Question

Country: United States of America
State: California

My son was involved in a car accident in the early morning hours of xx/yy/05. He was in the left lane...the person that hit him was in the right. She turned on her left blinker. and immediately started moving over. She hit my son. There was no insurance on my son's car and he only has/had a driver's permit, not an actual driver's license. The woman that hit my son called the police, she wanted to make a police report of the accident. When the police officer came, he immediately said that they(the police) didn't handle regular car accidents when they've taken place on private property(the accident occured in a shopping center), only if it involved a DUI or a hit and run. After finding out that the woman who called did indeed want to make a police report for her insurance, that is when the officer was told (by my son and I) that my son only had a driver's permit. Eventually, he informed my son that he was impounding the car (a mandatory 30 days) and he was issuing my son a ticket for driving without a license. My question to you is the legality of that officer's actions. Since he didn't actually stop my son for anything or actually witness him driving, was it legal for him to issue a ticket for driving without a license? Also, if it was legal to have the vehicle impounded at all considering it was on private property and NOT on the city streets. What concerns me, too, is why the officer had the car impounded when I was there. The car has registration that is current, and both me and my son are the registered owners of the car. Once he actually began taking the "police report" he never again spoke to my son about the accident, Although he took plenty of time to talk and write down all the info. of the woman who called him..AND all of the women she was carpooling with. The officer said that since my son and I are both named on the registration, we both have to show up for a thing called an"impound hearing" sometime this week. I would sin cerely appreciate any bit of help in this matter.

Answer

Unfortunately the police can ticket him for driving w/o a license--if your son is under age 18 you will likely have to pay a fine for this if he is found guilty but you should get the car back--