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Who pays for the towing charges?

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R

rigdon247

Guest
What is the name of your state? Oregon.
Ok, long story short.....My boyfriend and I got into an arguement while at home. I left the premises and was gone for an hour or so. When I returned, and proceeded to enter the driveway, I ran over a board with nails which had been placed there by my b/fried while I was away. Subsequently, three of my tires were punctured. My car then rolled back about 20 feet, semi-blocking the dead-end road we live on, but the car was still somewhat touching our private property. While contemplating what to do next and waiting for my boyfriend to assist a cop happend to pull up and ask what was going on. (my drivers license is currently suspended, however I am eligible for a hardship permit, just waiting for the funds to obtain one). I told the cop what happend and said I was not driving (had 3 flat tires, how could I drive)--the keys were not in the ignition,I was just waiting there for my b/f to assist in getting the car out of the road. He proceeded to arrest me for driving while suspended, issued me a ticket for $5000, and towed my vehicle. Now, when my court date came along, due to b/f's car problems, I was going to be late. When I called to find out what to do/if I could reschedule, they told me there was no compaint filed, I was not due in court, and I should make a note on my ticket and "keep it for a while" and that was that. After calling the tow company to inquire about my car, they said I could retrieve it (a release from the police station was not required) I just had to pay the $720 tow bill!! I only paid $800 for the car!
Questions--
1. Can I trust that there will not be a warrant issued for not going to court and will this be on my record?
2. Who is responsible for the charges if the vehicle should not have been towed to begin with. (At the time of the incident the tow truck driver would have accepted $75 NOT to tow the vehicle, but we could only come up with $60.
3. I live in a very small town and everything is printed in the local paper. This week it was published that I was arrested for DWS, had three flat tires, vehicle towed, etc., so everyone in town knows my business and I keep hearing "I read your name in the paper this week.....yada yada yada. Can I insist on printing a retraction or file a complaint against the officer?
Tried to be brief.....thanks so much for any info
 


JETX

Senior Member
"1. Can I trust that there will not be a warrant issued for not going to court"
*** No. Go down to the court and verify what you claim to have been told. It doesn't make sense.

"and will this be on my record?"
*** Yes.

"2. Who is responsible for the charges if the vehicle should not have been towed to begin with. (At the time of the incident the tow truck driver would have accepted $75 NOT to tow the vehicle, but we could only come up with $60."
*** You are. Towing the car was appropriate at the time.

"3. I live in a very small town and everything is printed in the local paper. This week it was published that I was arrested for DWS, had three flat tires, vehicle towed, etc., so everyone in town knows my business and I keep hearing "I read your name in the paper this week.....yada yada yada. Can I insist on printing a retraction"
*** Of course you can. You won't get it, but you can certainly insist.

"or file a complaint against the officer?"
*** No. He was acting in his 'official capacity' at the time and was not improper.

"thanks so much for any info"
*** You're welcome.
 
V

v_day_baby

Guest
ridgin:

SECTION 3. ORS 809.716 is amended to read:

809.716. (1) A person entitled to lawful possession of a vehicle impounded under ORS [809.715 or] 809.720 may request a hearing to contest the validity of the impoundment. A request must be made within five calendar days after the date that notice of the impoundment is mailed, as evidenced by the postmark, not including Saturdays, Sundays or holidays. The request shall be made to a person designated by the impounding police agency to receive such requests.

(2) When a timely request for a hearing is made, a hearing shall be held before a hearings officer designated by the impounding police agency. The hearing shall be set for four calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing.

(3) The impounding police agency shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of ORS 806.010, 807.010, 811.175, 811.182 or 813.010. The police officer who ordered the vehicle impounded may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.

(4) If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs. The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing.

(5) If the hearings officer finds that impoundment of the vehicle was improper, the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the impounding police agency.

(6) A police agency may contract with another agency or entity to conduct hearings under this section.


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Also, do to my own recent circumstances, I found out that in MD the towing company has a maximum fee they can charge when a car is towed against the owner's wishes, or without the consent of the owner...do can probably do some browsing on the web or call local law enforecement to find out if this is true for yor state as well...good luck!!
 
V

v_day_baby

Guest
Fees for tows in some parts of Oregon:

Tow - $105.00 basic contract rate
Storage - $16.00/day


**also remember that your city might have differnet rules and regs regarding towing than the state...(weird, i know)...
 

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