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Legal reasoning why a car with expired registration should be towed.

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wyattbiker

Junior Member
What is the name of your state (only U.S. law)? NJ

My car was towed today because the registration was expired and it's long weekend so I can't get it renewed. Lots of moola Ill have to pay to get it out and I could see tow truck guy salivating. I know I'm not the only one (Ive heard other stories like this) since they started not supplying plate reminder stickers and the police using the drive by electronic scanners. No I did not get the renewal (lost maybe?) and yes I forgot to check my registration every month.

But ok, I know its the law in NJ so no argument here nor looking for sympathy, but I don't understand the reasoning why the legislators would pass such a harsh law over an expired registration? The state does not get anything out of the towing fee. Why not give a fine with a 7 day warning or something for expired registration. The car has a valid inspection so no danger there.

So my real question finally is. Can this be construed as cruel and unusual punishment given that they seize a $20K car over a $55 fine+$100 registration? Can a constitutional legal case be made to change this law so it's not such heavy on punishment given the fact that the car is not dangerous, has valid inspection sticker and was otherwise parked legally?

Thanks
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? NJ

My car was towed today because the registration was expired and it's long weekend so I can't get it renewed. Lots of moola Ill have to pay to get it out and I could see tow truck guy salivating. I know I'm not the only one (Ive heard other stories like this) since they started not supplying plate reminder stickers and the police using the drive by electronic scanners. No I did not get the renewal (lost maybe?) and yes I forgot to check my registration every month.

But ok, I know its the law in NJ so no argument here nor looking for sympathy, but I don't understand the reasoning why the legislators would pass such a harsh law over an expired registration? The state does not get anything out of the towing fee. Why not give a fine with a 7 day warning or something for expired registration. The car has a valid inspection so no danger there.

So my real question finally is. Can this be construed as cruel and unusual punishment given that they seize a $20K car over a $55 fine+$100 registration? Can a constitutional legal case be made to change this law so it's not such heavy on punishment given the fact that the car is not dangerous, has valid inspection sticker and was otherwise parked legally?

Thanks
How expired is it?
 

justalayman

Senior Member
was the car on public property?




Can a constitutional legal case be made to change this law so it's not such heavy on punishment given the fact that the car is not dangerous, has valid inspection sticker and was otherwise parked legally?
but it could not lawfully be on public property so think of it this way:

the tow driver was merely bringing you into compliance with the law. Had he not done that, you would still be breaking the law. Now, wasn't that nice of him?
 

wyattbiker

Junior Member
I am not complaining about the ticket. I deserved it per law ok? Guilty.... This is about everyone who gets these crazy tows. A guy speeding 90mph gets a ticket not his car towed.

My question is whether this law is cruel and unusual punishment and is there a legal case to be made. Can these laws be overturned... And yes I will write to my congressman.

I just need to know if this is worth fighting at higher levels like suing the state for cruel and unusual punishment. Any judges here?
 

cbg

I'm a Northern Girl
This is not even close to cruel and unusual punishment. You would be laughed out of court if you tried that.
 

Mass_Shyster

Senior Member
My question is whether this law is cruel and unusual punishment and is there a legal case to be made.
Actually, the towing charges wouldn't even be classified as punishment. The fine is the punishment. The towing and storage fees are necessary to keep these dangerous unregistered cars off the streets.

I don't think there's much chance you'll convince a judge that this law is considered cruel or unusual. In fact, the death penalty for minors is the only thing that comes to mind as having been declared cruel and unusual.
 

cbg

I'm a Northern Girl
You see, I disagree. I think it's a very reasonable and appropriate response. You could not legally drive the car as long as the inspection was expired, so a warning would be inappropriate.
 

justalayman

Senior Member
Actually, the towing charges wouldn't even be classified as punishment. The fine is the punishment. The towing and storage fees are necessary to keep these dangerous unregistered cars off the streets.

I don't think there's much chance you'll convince a judge that this law is considered cruel or unusual. In fact, the death penalty for minors is the only thing that comes to mind as having been declared cruel and unusual.
ya mean drawing and quartering is back on the table


In Graham v. Florida (2010), the Supreme Court, by a vote of 5 to 4, ruled that the Eighth Amendment does not permit sentences of life without possibility of parole for minors who commit nonhomicide crimes.

In Hudson v McMillian (1992) the Court considered whether the beating by prison guards of a handcuffed inmate at Louisiana's Angola prison violated the inmate's Eighth Amendment rights. Voting 7 to 2, the Court found a violation of the cruel and unusual punishment clause even though the inmate suffered no permanent injuries or injuries that required hospitalization. In so holding, the Court rejected the lower court's argument that only beatings that caused "significant injuries" (read as injuries that were permanent or required hospitalization) rose to the level of Eighth Amendment violations.
bailiff, whack his pee pee


or would that be cruel and unusual punishment?
 

wyattbiker

Junior Member
Actually, the towing charges wouldn't even be classified as punishment. The fine is the punishment. The towing and storage fees are necessary to keep these dangerous unregistered cars off the streets.

I don't think there's much chance you'll convince a judge that this law is considered cruel or unusual. In fact, the death penalty for minors is the only thing that comes to mind as having been declared cruel and unusual.
I won't split hairs but I will. It's not unregistered. It has expired registration. Anyway these dangerous expired registration cars should be taken off the road immediately. I mean tow truckers have to eat too.

Thanks for your inputs.
 

HighwayMan

Super Secret Senior Member
6 months.
Wow. You have some nerve questioning a tow.

The punishment does not fit the infraction. Why tow?
Sure it fits. The tow is in place to remove an unregistered vehicle from the road. You have no business having a vehicle on a public highway with no registration.

Stupid reasoning or just a great towing lobby.
Neither. You just can't seem to accept the fact that a tow for an expired registration (especially 6 months!) is reasonable.
 

wyattbiker

Junior Member
Oh and about cruel and unusual punishments is not just death penalty. Google many examples:

In United States v. Bajakajian, 524 U.S. 321 (1998), the Supreme Court ruled that it was unconstitutional to take $357,144 from a person who failed to report his taking of more than $10,000 in US currency out of the United States.[35]
In Waters-Pierce Oil Co. v. Texas, 212 U.S. 86 (1909), the Supreme Court held that excessive fines are those which are "so grossly excessive as to amount to a deprivation of property without due process of law."
 
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