California Court of Appeal

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Alviso v. Sonoma County Sheriff's Dep't, A126241

In plaintiff's class action suit against a county and several defendants, mainly claiming that section 14602.6 violates the equal protection provisions of the federal and state constitutions because it authorizes a 30-day vehicle impoundment for drivers whose licenses are suspended for some, but not all, Vehicle Code violations, without a rational basis for treating the groups of drivers differently, judgment of the trial court is affirmed where: 1) plaintiff cannot successfully challenge the statute under the more lenient formulation which requires him to only demonstrate that the statutory scheme is unconstitutional in the "vast majority of its applications"; 2) trial court correctly rejected plaintiff's equal protection challenge; 3) the impound scheme does not violate due process; and 4) the statutory scheme does not effect an unconstitutional seizure.

Appellate Information

  • Submitted 06/30/2010
  • Decided 06/30/2010
  • Published 06/30/2010

Judges

  • Siggins, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • <a href="http://pview.findlaw.com/view/4159896_1">Mark T. Clausen</a>, Edmund G. Brown