California Court of Appeal
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.