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    Thread: Can the police be held liable for impound fees?

    1. Member Ramath0rn's Avatar
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      03-14-2010 01:16 PM #1
      Before all the assumptions begin, I was not Drunk, and I was abiding the laws prior to being pulled over. And I had only 1 beer at the bar.

      So last night I was pulled over for having tinted windows. We had just left a bar and the cop had been sitting across the street. Once I pulled over, he asked me to step out of the car since he couldn't tell if I had been drinking (2 of my buddies in the car had been drinking). So he proceeds to give me the field sobriety test, I pass 2 of the 4 apparently (I was nervous and stupid I guess). They then place me under arrest and have my car towed. Upon giving the breathalyzer at the police station I was cleared of the drunk driving charge and written a ticket for tint.

      To make things even better the towing company is closed on Sundays so now I have to pay an extra days worth of storage tomorrow.

      So the question is, since I wasn't drunk and the had my car towed for no apparent reason, is it possible to hold the police station liable for my impound fees?

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      03-14-2010 01:18 PM #2
      You're in Jersey - so no.

      NJ suspended my sisters license for 1 unpaid parking ticket which caused her to be arrested after she was involved in an accident (where she was not at fault).

      Jersey = Crazy.


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      03-14-2010 01:18 PM #3
      Are you going to remove the illegal tint?
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      03-14-2010 01:19 PM #4
      tints ghey. pay the fee consider yourself lucky thats all that happened.

      .:R

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      03-14-2010 01:20 PM #5
      that's a good question. i would think so, since they impounded your car "for nothing", but then again, it's New Jersey. good luck with that.
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    6. Member Ramath0rn's Avatar
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      03-14-2010 01:23 PM #6
      I am not complaining over the tint ticket... It is my fault for having the tint to begin with.

      I am wondering about the towing and storage fees that are going to be incurred tomorrow morning... especially since I could have driven away and I wasn't intoxicated.

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    7. 03-14-2010 01:27 PM #7
      Quote, originally posted by JMBII »

      NJ suspended my sisters license for 1 unpaid parking ticket which caused her to be arrested after she was involved in an accident (where she was not at fault).

      Jersey = Crazy.

      Same for NY and I'm sure many other places. If a person fails to pay a ticket, they receive 2 warnings in the mail. The last one indicating they will issue a warrant for his/her arrest if not paid. Nothing crazy about that. The accident is irreverent.
      -
      And sorry to hear about man, I saw your FB status and my jaw dropped.

      Edit: I will ask my buddy who is a cop to see if he has any advice on the matter.


      Modified by German Toys at 1:29 PM 3-14-2010


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      03-14-2010 01:28 PM #8
      In a perfect world, they should be held accountable. But it's Jersey. So probably not. I'd say the best thing you could do is put up a fuss, pay it, and write a letter to someone.

      Or, try and prey on the sympathy of the impound lot employee. Say they f**ked you, and offer him 50% of what he'd charge you for the extra day to squash it and he can pocket the cash.

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      03-14-2010 01:29 PM #9
      Maybe take the tint ticket to court so you can tell the judge about the impound/legal fees and lost work from the bogus arrest.

      I'm no lawyer, so that may be a bad idea. Any lawyers have an input?

      Looking around the net- this situation is fairly common, where people are arrested after "failing" a field sobriety test and later getting released when a real blood alcohol test at the station later clears them.

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      03-14-2010 01:33 PM #10
      No. You'll never win in court against a NJ municipality. And unless you passed the breathelyzer your going to be found guilty in court and you will lose your license. Thousands of dollars in fines and surcharges, Probably a six month suspension. The cops in Sussex country will lie in court. Smaller municipalities like Newton use DUI proceeds as a major revenue source to fund the police salaries. Most cops make close to 100k a year or more with overtime. You cannot park anywhere near the bar itself, thats how they peg you. Next time you and your buddies want to go out try heading to Stroudsburg.

    11. 03-14-2010 01:34 PM #11
      I know that it became an issue of debate in NJ when I was in college about impound fees on Sundays. I believe they passed a law that states impound yards cannot charge you on days there are closed because you are unable to get the car that day. Check it out because there were two laws they were trying to pass; no charges for days the lot is closed and no charges for the day it is in the lot but cannot be picked up (if it is towed after business hours).

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      03-14-2010 01:37 PM #12
      Why was the cop NOT carrying a breathalyzer? He was on the watch for drunk kids...
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      03-14-2010 01:38 PM #13
      Quote, originally posted by reticulan »
      No. You'll never win in court against a NJ municipality. And unless you passed the breathelyzer your going to be found guilty in court and you will lose your license. Thousands of dollars in fines and surcharges, Probably a six month suspension. The cops in Sussex country will lie in court. Smaller municipalities like Newton use DUI proceeds as a major revenue source to fund the police salaries. Most cops make close to 100k a year or more with overtime. You cannot park anywhere near the bar itself, thats how they peg you. Next time you and your buddies want to go out try heading to Stroudsburg.

      Did you even read what he said? He wasn't drunk...

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    14. Member Ramath0rn's Avatar
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      03-14-2010 01:39 PM #14
      Quote, originally posted by German Toys »

      Edit: I will ask my buddy who is a cop to see if he has any advice on the matter.


      Thanks Nick!


      Quote, originally posted by BRealistic »
      Maybe take the tint ticket to court so you can tell the judge about the impound/legal fees and lost work from the bogus arrest.

      I'm no lawyer, so that may be a bad idea. Any lawyers have an input?

      Looking around the net- this situation is fairly common, where people are arrested after "failing" a field sobriety test and later getting released when a real blood alcohol test at the station later clears them.


      That's a good idea, the court appearance is optional according to the ticket, so I will try talking to a lawyer or people that may know what to do in this situation to determine what should be done.


      Quote, originally posted by reticulan »
      No. You'll never win in court against a NJ municipality. And unless you passed the breathelyzer your going to be found guilty in court and you will lose your license.


      Yea I passed it with flying colors... the cop actually looked disappointing that he didn't nail me for DWI or DUI.

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      03-14-2010 01:40 PM #15
      FWIW- being pulled over for tint at night seems like a stretch of what is possible for a cop to see from his vehicle.

      Personally, I'd file a complaint to whatever police oversight/watch groups exists there. It sounds like they were pulling over the next car to leave the bar parking lot, and that is not justifiable probably cause. That is basic and illegal profiling.

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    16. Member Ramath0rn's Avatar
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      03-14-2010 01:44 PM #16
      Quote, originally posted by BRealistic »
      FWIW- being pulled over for tint at night seems like a stretch of what is possible for a cop to see from his vehicle.

      Personally, I'd file a complaint to whatever police oversight/watch groups exists there. It sounds like they were pulling over the next car to leave the bar parking lot, and that is not justifiable probably cause. That is basic and illegal profiling.


      I was thinking the same thing about the tint... but it was 2 in the morning... and I left the bar... so it is a perfect example of profiling like you said.

      Can this be considered entrapment? Since he was in the parking lot across from the bar... I don't quite understand the whole theory behind entrapment.

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    17. Member Burnitwithfire's Avatar
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      03-14-2010 01:44 PM #17
      Quote, originally posted by BRealistic »
      FWIW- being pulled over for tint at night seems like a stretch of what is possible for a cop to see from his vehicle.

      I agree. I got pulled over for the stock tint on my B3 at night



      Modified by Black Smokin' Diesel at 1:45 PM 3-14-2010

      Quote Originally Posted by SAV912 View Post
      Going to church is bland. Eating vanilla ice cream is bland. Dating somebody from your local Ayn Rand book club is bland. This car makes all of those things seem as exciting as doing 12 lines of cocaine. With Katie Perry. While she's on fire...in Times Square. And you're naked.

    18. Member smi2710's Avatar
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      03-14-2010 01:54 PM #18
      Quote, originally posted by reticulan »
      No. You'll never win in court against a NJ municipality. And unless you passed the breathelyzer your going to be found guilty in court and you will lose your license. Thousands of dollars in fines and surcharges, Probably a six month suspension. The cops in Sussex country will lie in court. Smaller municipalities like Newton use DUI proceeds as a major revenue source to fund the police salaries. Most cops make close to 100k a year or more with overtime. You cannot park anywhere near the bar itself, thats how they peg you. Next time you and your buddies want to go out try heading to Stroudsburg.

      Sounds like someone got a DUI in newton to me I have lived in Newton/surrounding towns my whole life and while i have been to court more time then i can count. You need to be smart about where you go/where you park and how you drive home if your gonna drink and drive( not condoning this just saying). Either you didnt read the post you saw DUI and immediatly had a rant on a town that F'ed you it seems like

      oh and to the original poster im guessing your car is at Towne towing up on 94 good luck those guys suck. If it was at D&E i may have been able to help you out. Sucks about going to the cop shop. on another note which bar were you leaving from.


      Modified by smi2710 at 1:58 PM 3-14-2010

      well this is going to take some getting used too........

    19. Member reticulan's Avatar
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      03-14-2010 01:55 PM #19
      Quote, originally posted by Tiero »

      Did you even read what he said? He wasn't drunk...

      Doesn't matter. He was arrested for DUI.
      I was asleep in the passenger seat of a friends car at a rest area in Sussex county 11 years ago. The cops arrested me for DUI. They lied in court and said they saw me driving the car. You have no idea how the system works here.


    20. Member Ramath0rn's Avatar
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      03-14-2010 02:02 PM #20
      Quote, originally posted by smi2710 »

      oh and to the original poster im guessing your car is at Towne towing up on 94 good luck those guys suck. If it was at D&E i may have been able to help you out. Sucks about going to the cop shop. on another note which bar were you leaving from.

      It is at Elite Towing in Byram... I am going to go talk with them tomorrow morning when I get my car from them.... I was at Shakey Jakes in Netcong for a friends birthday.

      Quote, originally posted by reticulan »

      Doesn't matter. He was arrested for DUI.

      The officer assumed I was drunk... which I was not... that is why I was released after the gave me the breathalyzer.

      And another thing... they have video cameras in all their cars today... so if something like that was to happen today... that cop would be in a sh!tload of trouble.



      Modified by v_dub714 at 2:04 PM 3-14-2010

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      03-14-2010 02:09 PM #21
      Quote, originally posted by v_dub714 »
      Can this be considered entrapment? Since he was in the parking lot across from the bar... I don't quite understand the whole theory behind entrapment.

      Entrapment occurs when a LEO induces you to commit an offense that you otherwise would not likely have committed. There is nothing in your story or situation to indicate any sort of entrapment. A police officer staking out a common DUI hotspot is not entrapment.


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      03-14-2010 02:11 PM #22
      i stopped going to bars in the netcong area years ago because i lived in the town for a year and the problem is you have 3 times the cops patrolling being its netcong/byram/hopatcong i got 22 tickets in that year all for not wearing my seatbelt. Plus shakey jakes is trap just waiting to happen especially leaving so late sorry to here ya got f'ed on the deal. I have a good laywer who is right inthe trade zone i can give you his number if you like PM ill give ya my name so you let him know i gave you his number. It might cost you more inthe long run however if youwon it would make a point to the police which he is loves doing for wrongful tickets .
      well this is going to take some getting used too........

    23. 03-14-2010 02:13 PM #23
      That's funny, I was going to go to Shakey Jakes last night but was too tired. Those cops sit and just pull cars over that leave the parking lot. I am scared of drinking and driving but one night I was at Shakeys and I had a couple but wasnt sure if I was still legal or not (I had been drinking water and just hung out for 2 hours to dry out). I went outside and smoked a couple of cigs until a car left and was immediately pulled over, then I hopped in my car and drove past as he was busy.

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      03-14-2010 02:16 PM #24
      That is not stock tint.

      Stock:


      Quote, originally posted by Black Smokin’ Diesel »

      I agree. I got pulled over for the stock tint on my B3 at night


      Modified by Black Smokin' Diesel at 1:45 PM 3-14-2010




      Modified by Shawn O at 1:17 PM 3-14-2010

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      03-14-2010 02:18 PM #25
      Quote, originally posted by retro_rocket »

      A police officer staking out a common DUI hotspot is not entrapment.

      Entrapment- no.
      Profiling- yes.

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      03-14-2010 02:22 PM #26
      Doubt you will get the fee's back, I was once arrested on a saturday for driving on a suspended license, finally got out monday afternoon when they realized that the suspending ticket had been paid, but not released(the states fault)... I still had to pay the $120 impound fee, and then another $120 storage fee.
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      03-14-2010 02:31 PM #27
      Quote, originally posted by BRealistic »
      FWIW- being pulled over for tint at night seems like a stretch of what is possible for a cop to see from his vehicle.

      Personally, I'd file a complaint to whatever police oversight/watch groups exists there. It sounds like they were pulling over the next car to leave the bar parking lot, and that is not justifiable probably cause. That is basic and illegal profiling.

      I've been made a fool of for trying to apply Canadian law to the US before, so take this with a fistful of salt: I don't know much about US drunk driving laws.

      I will say that what the OP describes would not be profiling anywhere in the Commonwealth. Profiling means pulling people over on the basis of race, age, sex, etc. This is just a cop staking out a DUI hot spot and pulling cars over.

      My guess is that you can't hold the police liable for anything. The cop was probably acting under some statute that allows him to tow cars where the driver fails the field sobriety test.

      Again, take this with a fistful of salt, and hope nm+ shows up (he knows much more about this than I do) to correct me, as usual.


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      03-14-2010 02:44 PM #28
      Quote, originally posted by jderpak »

      I've been made a fool of for trying to apply Canadian law to the US before, so take this with a fistful of salt: I don't know much about US drunk driving laws.

      I will say that what the OP describes would not be profiling anywhere in the Commonwealth. Profiling means pulling people over on the basis of race, age, sex, etc. This is just a cop staking out a DUI hot spot and pulling cars over.

      I thought the basis for a traffic stop was "reasonable and articulable suspicion", not probable cause. RAS requires articulable facts to connect the vehicle or a passenger to a criminal violation or a violation of traffic laws. And I doubt simply being seen leaving a bar parking lot is sufficient to satisfy RAS.

      (I am not a lawyer and have no legal training, but I google )

      And FWIW- in the US, DUI checkpoints must be planned and publicly posted before the event. There is no such thing as random checkpoints, nor DUI "hotspots" that are 24/7 legal checkpoint locations.



      Modified by BRealistic at 2:51 PM 3/14/2010

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    29. 03-14-2010 02:55 PM #29
      Quote, originally posted by reticulan »

      Doesn't matter. He was arrested for DUI.

      Interesting that you're capable of writing, yet lack the ability to read

      I thought those two went hand in hand

      OP you're probably stuck with those fees

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    30. Member Jader Pack's Avatar
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      03-14-2010 03:02 PM #30
      Quote, originally posted by BRealistic »
      And FWIW- in the US, DUI checkpoints must be planned and publicly posted before the event. There is no such thing as random checkpoints, nor DUI "hotspots" that are 24/7 legal checkpoint locations.

      Then that's where I'm wrong. In Canada, police can pretty much do whatever they want in the name of stopping DUIs. They can pull people over randomly at any location, set up roadblocks without warning, and force you to blow on a breathalyser before your right to counsel or right to silence kick in. Must be nice to live where you guys do and have rights.

      I'll butt out, because I've added all I can. Good luck, OP!


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      03-14-2010 03:22 PM #31
      Quote, originally posted by Shawn O »
      That is not stock tint.

      Stock:

      It's a syncro and it says so on the windows.

      Quote Originally Posted by SAV912 View Post
      Going to church is bland. Eating vanilla ice cream is bland. Dating somebody from your local Ayn Rand book club is bland. This car makes all of those things seem as exciting as doing 12 lines of cocaine. With Katie Perry. While she's on fire...in Times Square. And you're naked.

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      03-14-2010 03:26 PM #32
      Gee....I donno. Did you try asking the police department that apprehended you? Seems that might be the obvious thing to do...

    33. Member warrenW's Avatar
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      03-14-2010 03:40 PM #33
      cops are never liable so no.

    34. Member dieselraver's Avatar
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      03-14-2010 03:51 PM #34
      your mistake = stepping out of the vehicle. unless the officer has reasonable suspicion, you should have been cited for the ticket and went on your merry way. you gave up your rights and now your fu*ked

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      03-14-2010 03:54 PM #35
      blood from a stone man blood from a stone

      and no they are not liable for the impound fees you were arrested


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