Can They Tow My Car in San Diego? Know Your Rights [2026]

"Can they tow my car?" is one of the most common questions California drivers ask, and the honest answer is: it depends entirely on which statute they're acting under. There is no single "tow law" — there are at least a dozen different authorities under which a vehicle can be removed in San Diego, each with its own requirements and each with different consequences if the procedure is wrong. This guide walks through every common scenario and tells you exactly what the law allows.

The two big categories: public-street vs. private-property tows

Almost every tow in California falls into one of two legal frameworks:

There are also specialized authorities for DUI impound (CVC 14602.6), unlicensed driver impound (CVC 14602.6/14607.6), and a few others. The procedural requirements differ for each.

Scenario 1: Parked on a public street

CVC 22651 lays out the situations in which a police officer or parking enforcement official can order a vehicle towed from a public street. The most common in San Diego:

• Blocking traffic or creating a hazard (CVC 22651(b))
• Driver arrested (CVC 22651(h)) — your car can be towed if you're taken into custody
• Vehicle parked more than 72 hours (CVC 22651(k))
• Vehicle parked in violation of posted no-parking signs (CVC 22651(n)) — street sweeping enforcement
• Expired registration over six months (CVC 22651(o))
• Unlicensed or suspended-license driver (CVC 22651(p))
• Five or more unpaid parking citations (CVC 22651(i))

Procedural requirement: under CVC 22852, the impounding agency must mail or deliver a notice of stored vehicle to the registered owner within 48 hours, including the location of the lot, the reason for the tow, and your right to a post-storage hearing within 10 days.

If you didn't receive notice and the agency had your current DMV address, you may have a procedural defect to raise at the hearing.

Scenario 2: Parked in an apartment complex

Apartment lots are private property, so CVC 22658 applies. The full requirements:

• Signage at every vehicle entrance, at least 17"x22" with 1-inch lettering, listing tow company name and 24-hour phone (CVC 22658(a))
• One-hour minimum the vehicle must be on the property without authorization (with exceptions for blocked driveways, fire lanes, etc.) (CVC 22658(l)(1))
• Per-tow written authorization from the property owner or agent at the scene (CVC 22658(l)(1)(A))
• Police notification within one hour of completing the tow (CVC 22658(l)(2))
• Distance limit — cannot transport more than 10 miles unless no closer lot is available (CVC 22658(i))

If any of these is missing, the tow is wrongful and you can recover up to twice the towing and storage charges under CVC 22658(l). See car towed from my apartment for the full apartment-specific playbook.

Scenario 3: Parked at an HOA / condo complex

HOAs operate under the same CVC 22658 framework as apartments, plus their own CC&Rs. The key point: CC&Rs cannot override state law. The HOA still needs proper signage, the one-hour rule applies, and per-tow authorization is required. HOAs that operate "tow at will" arrangements with their tow company are violating state law.

Scenario 4: Parked at a strip mall, restaurant, or shopping center

Same CVC 22658 framework. A few additional wrinkles:

• Customer-only enforcement is permitted, but the property must follow signage and authorization rules. They cannot just patrol the lot and tow people they think aren't shopping.
• Time-limit enforcement ("90 minute parking") is permitted but again requires CVC 22658 compliance.
• Tows within minutes of parking are almost always wrongful — the one-hour rule applies.

Scenario 5: Parked in your own driveway

Your driveway is your property. Your car cannot be towed from your own driveway except in extremely narrow circumstances — abandonment of more than 72 hours (and only if reported), court orders, or stolen-vehicle recovery. An HOA cannot tow your car from your assigned driveway at a condo for a CC&R violation without extreme procedural compliance, and even then it's vulnerable.

If your car was towed from your own driveway, that's almost always grounds for an immediate dispute and potential damages claim.

Scenario 6: Blocking someone else's driveway

Under CVC 22658(a), the homeowner whose driveway is blocked can authorize an immediate tow without the one-hour rule applying. The CVC 22658(a) signage rule does not apply to single-family residential driveways either — a homeowner does not need to post tow signs on their driveway to authorize a tow of a blocking vehicle.

So yes, blocking a driveway is one of the few situations where a fast, signage-free tow is fully legal. Don't do it.

Scenario 7: Expired registration

Under CVC 22651(o), a police officer can tow a vehicle on a public street with registration expired more than six months. Less than six months expired is generally a citation, not a tow.

Apartment landlords sometimes try to tow tenants for expired registration. This is on shakier ground — expired registration is a public-street violation, not an apartment property issue. Unless the apartment's signage and CC&Rs explicitly identify expired registration as grounds for tow, the tow is vulnerable.

Scenario 8: Street sweeping

San Diego enforces street sweeping aggressively in dense neighborhoods — North Park, Hillcrest, Pacific Beach, Ocean Beach, downtown, parts of City Heights. Tows under CVC 22651(n) are legal if:

• Posted signs clearly state the days and hours
• The vehicle was in the marked zone during the marked hours
• The signs were installed with adequate notice (typically 24–72 hours before enforcement)

If new signs went up overnight and you were towed the next morning, you may have a wrongful tow case based on insufficient notice. Photograph the signs and any installation dates visible.

Scenario 9: DUI arrest

Under CVC 14602.6, when a driver is arrested for DUI, the vehicle can be impounded for 30 days mandatory hold. The arresting officer authorizes the tow. The hold is administrative — even if charges are later reduced or dismissed, the 30 days has typically already run.

Limited exceptions allow early release:

• The registered owner is not the driver and qualifies as an "innocent owner" under CVC 14602.6(d).
• The vehicle is needed for the livelihood of someone else (hardship hearing).
• The driver was operating without consent.

Total fees for a 30-day DUI impound in San Diego typically run $2,200–$2,800 — see the impound fees guide for the full breakdown.

Scenario 10: Unlicensed or suspended-license driver

Under CVC 14602.6 and 14607.6, a vehicle can be impounded when the driver:

• Has never been licensed
• Has a suspended or revoked license
• Has a license that was never issued (no proof of license)

The mandatory hold is up to 30 days, similar to DUI. Innocent-owner protections apply — if you loaned your car to someone you reasonably believed was licensed and they turned out not to be, you may qualify for early release.

Scenario 11: Five or more unpaid parking citations

Under CVC 22651(i), a vehicle with five or more unpaid parking citations (or one or more notices of delinquent parking violation) can be towed and held until the citations are paid plus a release fee. This is sometimes called "scofflaw" tow. Resolution requires paying off the citations and the lot fees together.

Scenario 12: Abandoned vehicle (72 hours)

Under CVC 22651(k), a vehicle that has been parked on a public street for more than 72 hours may be towed as abandoned. San Diego enforces this in many neighborhoods, especially when neighbors call to report. The 72-hour clock can be reset by moving the vehicle a meaningful distance — not just a few feet.

Scenario 13: Blocked fire lane or red zone

Under CVC 22500.1 and 22651, vehicles in fire lanes, red zones, or in front of fire hydrants can be towed immediately. No one-hour rule. No advance warning. Don't park there.

Scenario 14: Disabled-accessible parking violation

Vehicles in disabled-accessible spaces without a valid placard or plate can be towed under CVC 22507.8. There's no one-hour grace period — enforcement is immediate.

Scenario 15: Accident scene tow

After a collision, if a vehicle is disabled or blocking traffic, the responding officer can authorize a tow under CVC 22651. You do not have to use the officer-called tow — you have the right to choose your own tow company, even at the scene, as long as your car can be moved out of traffic safely. See who pays for towing after an accident for the full discussion.

What to do if you think a tow was illegal

Whether the tow was from an apartment, a strip mall, or a city street, the playbook is largely the same:

1. Document the scene before evidence disappears

   Photograph signs (with measurements), the parking spot, the surroundings, any other cars in similar spots that weren't towed.

2. Recover the vehicle, paying under protest

   Write "paid under protest" on every receipt. Inspect the car under CVC 22852.5. Document any damage.

3. Request a post-storage hearing within 10 days (city tows)

   For tows authorized by police or parking enforcement, you have 10 days from the date of the tow to request a hearing under CVC 22852. Submit in writing to the impounding agency.

4. Send a demand letter (private property tows)

   For CVC 22658 tows, send a written demand to the property owner who authorized the tow. Cite the specific defect. Demand reimbursement plus the doubled-damages remedy under CVC 22658(l). Give 14 days.

5. File complaints

   San Diego City Attorney Consumer Protection Unit, CHP Motor Carrier Section, and Better Business Bureau.

6. File in San Diego Small Claims Court if the dollars justify it

   Up to $12,500 per claim. No lawyer required. Sue both the tow company and the authorizing party.

The CVC sections worth knowing

What if you need a tow for legitimate reasons?

This guide is mostly about defending against tows you didn't want. But there are plenty of times you actually need a tow — your car broke down, you were in an accident, your car won't start in your driveway, or your car is in an impound lot and won't start at the gate. In any of those cases, you have the absolute right to choose your own licensed tow company. The number in the box on this page reaches a vetted 24/7 San Diego tow company that handles all of those situations.

Bottom line

The answer to "can they tow my car?" is almost always "only if they followed the procedure." California has built real procedural protections into towing law — signage requirements, notice requirements, hold periods, hearing rights, doubled-damages remedies — but the protections only matter if you use them. Photograph everything. Recover the car under protest. Request hearings. Send demand letters. File complaints. And if you need a tow for any reason, the number on this page is one tap away from a real, licensed San Diego County tow company.