There were no signs indicating no parking. When I got to the town police station to report it stolen, I had was instructed to use the emergency call box (outside in the rain). Nobody there would take my police report, or tell me that my car had been impounded. I had to wait an hour for the deputy who stole it, to arrive at the police station (and he was very unprofessional and angry at me). He proceded to write me tickets for parking (with no code violation #), and tinted glass (with no tint meter test reading). Then I had to find a payphone to find out where to go and pay $70 to get my car for 5 miles outside of town.
Can they legally do that? Or should I sue the county? I have to take heart medication and the psychopath deputy effectively stranded me in the middle of nowhere at an undeveloped county park miles outside of town. Don't they normally put parking tickets on the windshield?
2007-07-28
03:59:31
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12 answers
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asked by
BFH
6
in
Politics & Government
➔ Law Enforcement & Police
All four tires were off the pavement, there was no way it was impeding traffic. Does everyone leave a note on their car when they park at the park? Is the cop supposed to turn bright red and act like it is all he can do to resist jumping over the table and strangling you FOR PARKING? And can I reiterate, Would a parking ticket on my wiper not be sufficient?
2007-07-28
04:11:04 ·
update #1
I was a brown man by myself in hicktown NY. I am not stupid enough to be beligerent. Do you think I wanted to be *** raped. All I said was Yess sir! Write me all the tickets you wan't and I'll pay them!
2007-07-28
04:16:07 ·
update #2
Ok gunslinger99, maybe I am ignorant of the law is this case, but I have been scouring the internet to find some kind of statute or regulation on parking in Erie county NY. How do you find this kind of information?
What is this country coming to when they write all these bulls**it laws, and the only ones that get a memo are the enforcement officers. It seems like they have some kind of game going where they just try to hit innocent folks with these obscure laws. And treat them like criminals. As for this crap and all the obscure nuances of the patriot act, I don't believe we live in a democracy AT ALL! "Those who would sacrifice thier freedoms for security, deserve and shall recieve NIETHER!" ~Ben Franklin
2007-07-28
04:42:18 ·
update #3
Ps. I'll probably be abducted in the middle of the night and flown to south america in an unmarked jet and tortured for that last bit. Bye now....
2007-07-28
04:45:44 ·
update #4
I never said to the police that the police stole my car. I genuinely thought that it was stolen! Especially when I got to the police station and they claimed to know nothing!
2007-07-28
04:51:23 ·
update #5
I wish that I could be there to help you personally with your problem. There's nothing I like more than getting even with a bad cop. It fills me up inside like nothing I've ever experienced before in my life. I'm sure you can find a good attorney in your area that feels the same way that I do.
2007-07-28 04:05:00
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answer #1
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answered by Sloan R 5
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Well, they probably thought the car was abandoned, and towed it into town. If they put a ticket on your car, you wouldnt know it if the car was gone. They probably towed it because most people would have not payed the ticket, and left town. If I were them , I would have left it there for a proper amount of time ( but than again, maybe your car being on the shoulder was a hazard in such a dark area and prime for an acident), than towed it if nobody came back to claim it. They did no wrong, they had no idea you were sick, because they never saw you. Your pissed because you had to pay, and walk into town, and I dont blame you, but this is the police and they have ways of getting out of things. Trust that they did it for a good reason, one perhaps you dont/didnt understand.Leave it alone, and dont leave your car without leaving the caution lights on if you have to run in to the woods to pee. Sorry. Also, you could have left a note yourself indicating what you were doing NOT in your car. Perhaps they would have understood at that point. And cops are people too, thay have bad days, maybe you had just a little bit of an additude after all that walking ? And maybe the cops in the station didnt know why this happened themselves, thus no answer to your questions. Seriously im thinking your additude made them make you go outside to make the call. They dont have to put up with BS, not implying that you did this, but thats what it sounds like happened. Always take your meds and a bottle of water with you at all times "just in case"....Sorry this happened to you, but we all have those days.
2007-08-05 06:37:11
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answer #2
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answered by kimmy3 3
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The situation you experienced sounds incredibly frustrating...but you can't sue just because the Deputy was rude...or because the situation was inconvenient.
If it were possible to litigate rudeness or inconvenience... every person who ever received a ticket...had their car impounded or was arrested on any charge would sue the city or county!
As for the lack of signage...that's unfortunate...and I'm sure you wouldn't have parked there if you knew...right? So I would argue that point in Traffic Court w/ the judge who may see your side!
One small bit of advice...drop the whole "the Police stole my car" bit...that will prejudice the judge against you before you even start...it makes it seem as if you either don't comprehend the police's right/duty to impound illegally parked vehicles...and/or that your entire argument is based on a dislike/disrespect of law enforcement...that will not help your case!!
But unless there's a lot more to the story...I can't see the grounds for a lawsuit based on these events.
Good luck in traffic court!!
**EDIT**
LOL...I certainly hope you're not abducted...although parts of S. America are lovely :o)
Again your frustration regarding the lack of signage is understandable. But it's sort of a conundrum isn't it?? Not being local you have little chance of knowing the local laws...but they also can't be expected to put "No Parking" signs every 5 feet down every rural road in the county can they??
I'm guessing that the didn't have signs posted indicating the local laws against... littering...loitering... smoking in a wooded area...open container violation...fishing without a license or anything similar...but I'd be willing to bet these infractions are also illegal.
Again...hopefully you can make some headway w/ the judge!!
2007-07-28 11:47:38
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answer #3
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answered by widewillie 4
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More than likely there is a statute that a car parked on certain types of roads can be towed. There don't have to be signs to tell you that you can't park. On most roads that don't have a place to park (any road with no curb, especially if you have to park in the grass) it is illegal to park. Your ignorance of the law doesn't make them liable.
As for the tickets, you have the right to defend yourself, you said he never tested your tint, well go to court and have the police test your tint. When somone is arrested for posession of cocaine do the cops test it right there? No, many times they arrest the person and sent the evidence to be tested. If you can show that your tint is not illegal the charge will be dropped or you will be found not guilty.
You can sue if you want, but it may cost more than it is worth, especially if you lose.
You added all 4 tires were off the pavement. In most places unless you own the property of have permission of the owner you cannot park in the grass. And in this case it is more than likely that the county owns the land. That is illegal, and some places give tickets others tow.
2007-07-28 11:18:56
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answer #4
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answered by Angelus2007 4
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The police can do anything they want. You can fight them later by hiring a lawyer, but that won't stop them from doing it again. We tax payers pay for their lawyers so they have nothing to loose.
Here is a funny co-incidence. My step son just called. Last night he went to the bar for a few beers. He parked in the lot where a sign said no over night parking. He had to much to drink and accepted a ride home rather than drive drunk. This morning he found his car had been towed. He has to pay to get it back. Guess what he will do next time.
Mad Mothers, are you getting this?
2007-07-28 12:12:17
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answer #5
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answered by John himself 6
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That is just horrible. If you can afford an attorney, I would definitely sue the county. But, you know, there's probably some law against that. I think there is also a process where you can file a citizens complaint against such treatment by law enforcement authorities. I certainly do wish you well.
2007-07-28 11:12:39
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answer #6
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answered by soulguy85 6
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Dude you been had! In many towns the police and tow and impound lot are in bed together. Move on it's not worth your time and aggravation. Who will the judge believe ? You or the cop?
2007-07-28 12:44:16
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answer #7
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answered by hotdogseeksbun 6
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Being a police officer myself,this sort of thing used to really burn me up(nothing worse than a dirty cop).Yes,in light of what you said,you have a very strong case.As this was a city cop,you go after the police dept.Good luck.
2007-08-02 11:23:04
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answer #8
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answered by james m 5
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That's kind of over the top. I think a parking ticket would have been enough (if there was any real violation even). I'd file a complaint if I were you...
2007-07-28 11:48:29
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answer #9
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answered by Anonymous
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Well, it was not "stolen" as you like to accuse. Did you leave a note in the window of your vehicle? That may have helped.
Also, if your vehicle was impeding traffic any way possible, it would be towed for obvious reasons. Also, unless you parked in a designated "pull off" area, there is not parking on the side of rural roads or highways.
As far as the citations go, feel free to fight them.
2007-07-28 11:05:33
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answer #10
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answered by Colonel 6
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