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SMITH v. SANTA ROSA POLICE DEP'T, A095040

Lack of knowledge by a vehicle's registered owner that the driver to whom he loaned his car was not validly licensed constitutes a mitigating circumstance under Vehicle Code section 14602.6(b), warranting release of the vehicle to the registered owner before expiration of the 30-day storage period set forth in the statute; this mitigating circumstance exception is not limited to situations where the owner has made a reasonable inquiry as to the licensed status of the driver before lending the vehicle.

Appellate Information

  • Decided 04/09/2002
  • Published 04/09/2002

Judges

  • KLINE, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rene Auguste Chouteau and Brien J. Farrell, City Attorneys, Matthew J. LeBlanc, Assistant City Attorney, City of Santa Rosa, Santa Rosa, CA, Attorneys for Plaintiff.

  • For Appellees:
  •  Mark T. Clausen, Windsor, CA, Attorneys for Defendant.
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