My fiance and I were pulled over a few nights ago, and I was ripped from the vehicle and put in cuffs, and was told that I had a warrant for missing court, on a noise ticket violation ( I was served with a summons in October to appear in court about it again in December, and my calander still says October, so what is the deal?), anyway my fiance was driving and he soon joins me in cuffs, as they stated that his license was suspended (news to us, as we just had a copy printed at the DMV, and they didn't mention anything.) We were both stunned and we asked a lot of questions to no avail. I was told that my car was parked fine, so that it wouldn't be towed, yet they had us sit in the van to go to the county for like 40 minutes, they pulled off with us just in time for me to see a tow truck take my car! We both were bailed out within an hour, but when I asked about where my car was towed to so that I could retreive it, I was told that I had foreited my car, and could not get it back?!
2006-10-21
06:09:55
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14 answers
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asked by
pitbull lover
5
in
Politics & Government
➔ Law Enforcement & Police
I was told that since my fiance's license was suspended that they can keep my car, and not give it back despite me paying all the applicable fees.The officer said that I can speak to his lieutenant in the morning, and beg for my car back, but that he didn't see it happening.I called his superior in the morning, and after literally begging,he agreed to give it back for about $400.00 "CASH ONLY".He threatened that even if he doesn't keep it,he said he can call the financial institution that my car loan is through, and they will repossess my car. I was petrified,I have only made 1 payment on the car so far (I just got it).How can they just decide to keep my car?I was lucky and have parents to borrow money from,but few are so lucky.They are praying on low income people,that cannot afford to plead and pay a huge fee,if they are even lucky enough to get that option.My car was severley damaged when I got it back,now what do I do?They also searched it and trashed it without asking,& trashed it
2006-10-21
06:26:40 ·
update #1
I live in Illinois. We were not eevn stopped for a traffic violation, in the first place, which I was told was necessary. It is apparently something that is happening a lot in Peoria now, and is a real cash cow. I talked to an used auto dealer who said that he buys a lot of cars that they take in this fashion. I used to think that this was only in drug deals or something like that also, but I am not America's most wanted, I had a noise violation for christ's sake! My car now has severe mechanical and cosmetic damage from this fiasco, and the towing company or P.D. could give a ****, and between the bail, and the fees for the car, I'm out almost $800.00, and I don't think I can afford a lawyer, I was lucky to make my mortgage payment after this mess! WHAT CAN I DO?! The P.D. said that I can write a formal letter of complaint to their captain, who they claim is on vacation for the next two weeks. What good is that gonna do, he's just going to wipe his *** with it!
2006-10-21
06:35:29 ·
update #2
yes the police can impound your car if you are driving without a licence. This is commom procedure and I have impounded dozens of cars over the years. They may have lied to you at the scene so you did not argure or decide to fight over it.
( yes they can lie to you about things in the process of arresting you, to make the arrest go easier)
Now no they can not do a forfeiture on it unless there was drugs in the car or if the arrest of the owner of the car was drug related.
They will have a impound fee that you would pay the impound yard ( not the police department unless they operate the impound yard) Yes it is commom that you have to pay cash, no chance of a bad check.
it sounds like you may be what we considered young kids and they were having fun with you ( not right but happens sometimes) they were trying to get you upset just because they can.
But yes you will have to pay the impound fee to get your car back. And the longer you leave it, the more the fee with be.
2006-10-21 09:08:22
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answer #1
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answered by Anonymous
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I am a retired police officer from New Jersey and I will try to answer your question. If you failed to go to court the judge put out an arrest warrant for you, when the officer ran your plate he got a hit saying that an arrest warrant had been issued for the owner of the car. That was PC for the stop, then the driver had a suspended license so he was arrested, as far as the car being towed that's up to the officer, maybe he thought the car was not safe on the street. I don't understand about them saying that they can keep the car, this only happens in drug sale cases. I don't know the laws for your state, but I would get a lawyer.
2006-10-21 07:00:11
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answer #2
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answered by Anonymous
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venkatraman and foxbat are exactly wrong I don't know what minootoo is trying to say. Stretch is correct. Here is my answer from last time I saw this question phrased as "What is BHP?" A lie A random number between the gross horsepower and the actual brake horsepower BHP is the horsepower at the wheel, after all accessories and driveline losses. Gross HP is what venkatraman was talking about. Back in the Muscle Car days the manufacturers quoted gross, until the numbers got so big that the insurance companies started freaking out, then they would just make something up. Then in the 70s they started using SAE net, which included accessories such as water and oil pump, but not driveline losses. For a long time Porsche was the only company that actually quoted true BHP (hence the 205 BHP 911 was substantially faster than the 225 ?hp mustang), but even they have wandered somewhat. Now car manufacturers and advertorials, er I mean car magazines, all say BHP but it's not. For instance, the 290"bhp" NSX is actually putting down about 220 HP at the wheel. The amount that the manufacturer lies varies by Asianess of the vehicle. Hammer is completely wrong as well. People come up with the strangest derivations of the word "brake" in this context. It means "brake" as in the "brakes" on the car. It is how much braking power it take to stop the drive wheels. BHP is the power at the wheels AFTER all accessories and driveline losses. End of story. Period. Jeez. Don't answer if you don't know. If you want the two points just say "hi" or something, don't make up a bunch of bvllshit. Watching the sunset and smarty pants, you are both wrong and it is wrong in wiki. And it doesn't have anything to do with 'how long it takes to slow the car down" learn to read you moron. You idiots are talking about SAE Gross. Look it up, somewhere other than wiki.
2016-05-22 07:48:25
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answer #3
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answered by Anonymous
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Either there is something you are not telling us or you are dealing with a very corrupt police department. Unfortunately, it happens occasionally. As the others said, get a good lawyer. If you are being straight with us about the facts, call the chief of police, the mayor, and the local TV stations.
2006-10-21 13:03:05
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answer #4
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answered by fordkid14 4
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I guess the police dept needed some new undercover vehicles, you just made a non-tax deductible donation to your local police. Im sure they pulled some loophole or something on you, I would get the names of every officer involved, remember everything they said verbatim, write it all down and see a lawyer. I thought they could only take your car if you had drugs.
do you live in california? sounds like something the peoples republic of Kalifornia would do. maybe the gun grabbers have moved on to grabbing cars.
Police depts should have independent Investigators general, or IG. that you can go to if there is corruption going on.
2006-10-21 06:16:56
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answer #5
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answered by Anonymous
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The moral of the story is don't get a noise ticket violation and skip court. They never would have found the drugs in your POS car that they used to seize the car due to it being involved in a drug incident. You also never would have had to beg to get your car back. You are lucky there are going to let you get your car back. Settle on your tickets and call it a lucky day.
2006-10-21 06:39:36
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answer #6
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answered by Judge Dredd 5
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goto www.askalawyer.com and see what thier attorneys say there are plenty of similar sights that can if nothing else tell you what your rights are in this matter sounds like the cops are running a scam and a half i live in IL too and hope you find the answers you are lookin for also go thru the yellow pages a lot of attorneys will give you free consultations good luck
2006-10-21 20:10:42
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answer #7
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answered by kissfan1979 2
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This is the crap that is allowed to happen when people elect conservatives who then nominate "law-and-order" judges who permit sh!t like this to take place.
Be thankful that the A$$hole-in-Chief hasn't declared you to be an "unlawful combatant". The useless rubber-stamp Congress just allowed him to gut the Constitution and do away with Habeas Corpus rights.
Vote Democrat.
2006-10-21 18:44:17
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answer #8
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answered by marianddoc 4
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Have to wonder if there's something you are not telling us, or something more you are yet to discover with regards your violations.
Yes, they do have the right to impound your car, but they DON'T have the right to hold it forever. You may have come across one of those azzholiness officers who wanted to say something with shock value to scare you into cooperation. It happens more often than you might think.
2006-10-21 06:20:39
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answer #9
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answered by tercir2006 7
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You need a very good lawyer.
2006-10-21 06:14:04
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answer #10
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answered by SKYDOGSLIM 6
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