Question About Damage To Vehicle Caused By Officer

[JOliver]

What is the name of your state? Michigan

At approx 1:30am I was in a local 7-11 store purchasing a 6 pack of beer. I left my vehicle running with my radio on. Mind you, I drive a two seat convertible and the windows were down.

As I stood next in line a female police officer poked her head in the door and said "whose black car is this outside" I responded that it was mine, and she said "we need to talk when you are done."

Naturally, I told the clerk I would be back in a minute as I gave the officer my full attention to address her request to speak with me.

The officer said that my music was "too loud" and asked for my drivers license, which I promptly gave and apologized for the music. However, as we had our conversation, we were both directly next to my vehicle and could carry a conversation on at normal levels (i.e. not having to shout, and being able to understand each other clearly.) While the attending officer entered the information into her computer I asked if I could turn my radio down. She said yes and I did. At about that time she jumped on her radio and requested back up. For what reason, I don't know.

Three police vehicles show up like a scene out of a movie with lights and sirens. When the fellow officers arrive the female cop exits her vehicle with a ticket and said I was in violation for noise and she was going to write me for it.

I know the law states in my city that music has to be clearly audible 50 feet away from the vehicle in question. The fact alone that we were able to have a normal conversation directly next to my vehicle speaks volumes about the level of noise.

At any rate, she told me if I did not take the ticket, she would impound my vehicle. Needless to say, I didn't take the ticket. While the tow truck driver showed up, the officer attempted to open both of my vehicles doors without asking or receiving permission. Both doors were locked.

After trying the passenger door handle, she broke the handle and nearly ripped it out of the door. After seeing this, I requested she write that on her report, which she initially refused, however another officer there told her to write it down.

With all this said, I plan to fight the noise violation ticket due to the circumstances up above. Does the city have to pay for my door handle to be fixed, considering it is written in the report that the officer broke it?

[CdwJava]

Originally Posted by JOliver

At any rate, she told me if I did not take the ticket, she would impound my vehicle. Needless to say, I didn't take the ticket.

Why not? The citation is NOT an admission of guilt, it is merely acknowledgment of the receipt of the violation and a promise to take care of it.

Now, by not taking it, do you mean that you refused to sign it? or that you folded your arms and refused to accept your copy?

While the tow truck driver showed up, the officer attempted to open both of my vehicles doors without asking or receiving permission. Both doors were locked.

When they are lawfully impounding your vehicle they do not NEED your permission.

With all this said, I plan to fight the noise violation ticket due to the circumstances up above. Does the city have to pay for my door handle to be fixed, considering it is written in the report that the officer broke it?

Conversation or not, if the officer were able to hear the music 50' away, your done. 50' is NOT that far away, and you can easily carry on a conversation with someone and still have the music too loud.

Yes, you can make a claim to the city for the damage. But, since you could have given up your keys to the car and made it easier on them, the city may deny your claim. If that happens, you may have to take them to small claims court and hope a judge finds your refusal to cooperate reasonable somehow.

- Carl

[mike_lee]

Well now see, you've learned a few lessons that only experience will teach.
1. Agree with your adversary quickly lest he cast you into prison. You apparently didn't show proper respect to the officer or she would have went her way, it may have been as subtle as body language but you disrespected her position. Or maybe she was at fault and was just looking for a bust.

2. As catnip is to a cat so hip-hop is to a cop. Nothing asks for trouble quicker then a sub and some dubs. When you see a cop you should: Turn the music off and make your friends stop talking and sit quietly with feet on floor and hands on lap, place both hands on the steering wheel and if your speeding and it's obvious you'll get away with it put on the brakes anyway as a show of respect. Make eye contact and smile don't tip your head up like thugs do, tip your head down like monks do then go watch this ACLU video. "BUSTED: The Citizen's Guide to Surviving Police Encounters" [url]http://www.youtube.com/watch?v=yqMjMPlXzdA[/url]

Or this more entertaining Cris Rock "How not to get yo' a$$ trowed in jail." Here's a quote "If your listening to loud rap music . . . turn that sh1t off." [url]http://www.youtube.com/watch?v=p52_y-FnTkQ[/url]

You'll try to instill these lessons into your son, but he won't listen to you anymore then you listened to your dad

[Zigner]

A vehicle in normal, working condition would not have it's handle broken just by someone tugging on it while locked. Your car, obviously, was previously damaged.

[JOliver]

My vehicle is a 2006 with less than 10,000 miles on it. My door was locked, the officer YANKED at the door. I can assure you, that as the vehicles owner, and only driver the car has NEVER had any previous damage done to it what so ever.

[Zigner]

Originally Posted by JOliver

My vehicle is a 2006 with less than 10,000 miles on it. My door was locked, the officer YANKED at the door. I can assure you, that as the vehicles owner, and only driver the car has NEVER had any previous damage done to it what so ever.

I owned a 1971 Oldsmobile with over 100,000 miles on it. I was able to YANK on it and it just sat there.
I also own a 2000 Pontiac, also with over 100,000 miles on it, and I can YANK on it and it just sits there.

Again, something was wrong with your car (or, perhaps, your story)

[CdwJava]

Originally Posted by JOliver

My vehicle is a 2006 with less than 10,000 miles on it. My door was locked, the officer YANKED at the door. I can assure you, that as the vehicles owner, and only driver the car has NEVER had any previous damage done to it what so ever.

And what did the department have to say when you submitted you claim for damages to them?

- Carl

[CJane]

Originally Posted by Zigner

I owned a 1971 Oldsmobile with over 100,000 miles on it. I was able to YANK on it and it just sat there.
I also own a 2000 Pontiac, also with over 100,000 miles on it, and I can YANK on it and it just sits there.

Again, something was wrong with your car (or, perhaps, your story)

I'm going to have to second that.

I've seen a LOT of cars that've been through a LOT of abuse, and I've never seen one that the door handles just broke off of.

That said, my Plymouth Breeze, when it hit about 175,000 miles stopped letting me open the doors from the outside. But the handles didn't just fall off.

[JOliver]

Originally Posted by CJane

I'm going to have to second that.

I've seen a LOT of cars that've been through a LOT of abuse, and I've never seen one that the door handles just broke off of.

That said, my Plymouth Breeze, when it hit about 175,000 miles stopped letting me open the doors from the outside. But the handles didn't just fall off.

It may sound suspicious, but as they say, stranger things have happened.

The fact remains, the door handle was fine before the officer yanked on it in an attempt to open it. The two screws are broken. Whether it's a default of the vehicle or not, I'll never know, unless there's a recall on said product.

The fact remains, she broke the handle, she fessed up to it.

This just happened on Friday, I've yet to take it to the dealership for their estimate for repair. I plan to do that Wednesday. My court date is set for the middle of December.

[CdwJava]

Okay, so ... WHAT do you mean when you write: "I didn't take the ticket"

This can make a huge difference in whether or not they had a right to take the car.

Also, did you offer up your car key or not?

- Carl

[justalayman]

Originally Posted by CJane

I'm going to have to second that.

I've seen a LOT of cars that've been through a LOT of abuse, and I've never seen one that the door handles just broke off of.
.

Appparently none of you folks have ever owned a late 80's- early 90'GM W body car (grand prix, lumina, regal) with the door handles along the rear of the door window. Those things break so often that most junk yards carry an aftermarket handle for all the folks looking for a handle.

Carl, you keep asking about the key. Did you notice OP said the windows were down? Officer could have simply reached in and unlocked the door rather than pulling more than it took to discover locked doors.or, maybe OP forgot that they said the windows were open. Doors locked would not be a big deal and I don;t see an officer yanking hard enough to break a door handle if the windows are down.

Needless to say, I didn't take the ticket.

that one statement is about the dumbest thing I have heard in a long time. Why would you not take (including signing) the ticket? All signing a ticket is is making the promise you will take care of the ticket as rquired, whether you plead guilty or not guilty. That is all it is.

[mike_lee]

I can confirm that GM plastic door handles often break. Also it hurts like hell when you think the door in unlocked but it's really locked and when you try to open it snaps back like a mouse trap.

[JOliver]

Court date is set for middle of December. We shall see in which favor this goes.

For the record, I've done a research on my cars door handles and there have been no complaints with the NTHSA regarding to door handles on my car breaking, which only leads to it was done by the police officer, in which had no business being inside my vehicle, or trying to gain access.

I do believe one of my questions was:

If the officer did not ask, and I did not give permission to enter my vehicle, why was she pulling on the door handle (presumably to gain access)?

Can she do that, without asking, and receiving permission? I have the video tape from the 7-11 parking lot in which this happened.

Thanks.

[CdwJava]

Originally Posted by JOliver

which only leads to it was done by the police officer, in which had no business being inside my vehicle, or trying to gain access.

If the vehicle as being impounded, yes, the officer had legal justification to enter the car - even to force entry if necessary.

Have you yet made a claim for the damage to the agency? If you did make a claim, have they responded yet?

If the officer did not ask, and I did not give permission to enter my vehicle, why was she pulling on the door handle (presumably to gain access)?

Pursuant to impound, the officer is permitted (and, by many agency policies, REQUIRED) to conduct an impound inventory. Additionally, they may conduct a limited search of a vehicle subsequent to an arrest. Since you apparently refused to sign the citation, that gave them all sorts of reasons to get in the car.

Can she do that, without asking, and receiving permission?

Yes and yes.

- Carl