What is the name of your state? arizona
I was pulled over at 2:30 in the morning for faulty tail lights by highway patroll on. The officer arrested me for a bench warrant for a failure to appear. He called a towing company to pick up my vehicle. Being parked in a Dennys parking lot and not wanting any tow charges, I asked if my vehicle could be left there. The officer explained that my car would be stollen by the time I was released. So with little choice, my car was towed.
Not being able to post bond, I was incarcerated for almost three weeks before I saw the judge. The result of my case was that all my charges were dropped "in the name of justice" including the failure to appear.
After I was released, I finally found out where my car was and contacted them. They told me that it was going to take $580.00 to get my car out, $119.00 for tow and "around" $20.00 a day storage. They didnt seem all to interested in hearing that iIwas arrested wrongfully and all charges have been dropped.
Not being able to afford it and not feeling I should have to pay for it anyway, my car is still at the tow yard racking up the fees. There have been numerous people that have told me that legally they cant hold my vehicle for ransom even though it was a police called tow. That I should just go there and demand the release of my car to me. That the only thing they can do is bill me for the fees. I also understand arizona is currantly implementing new legeslature on the subject.
any advise?
here are some statutes that I think apply
arizona revised statutes
28-3512
G. The storage charges relating to the impoundment of a vehicle pursuant to this section shall either:
1. Be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 28-1108.
2. Not exceed fifteen dollars for each day of storage.
28-3514 the immobilizing agency or the person in possession of the vehicle shall not charge more than fifteen days' immobilization or impoundment when the person redeems the impounded vehicle or has the immobilization device removed from the vehicle.
D. Within two working days after immobilization or impoundment, the immobilizing or impounding agency shall mail or personally deliver notice of immobilization or storage to the owner of the vehicle.
E. The notice of immobilization or storage shall include all of the following information:
1. A statement that the vehicle was immobilized or impounded.
2. The name, address and telephone number of the immobilizing or impounding agency providing the notice.
3. The name, address and telephone number of the immobilizing or impounding agency or justice court that will provide the immobilization or poststorage hearing.
4. The location of the place of storage and a description of the vehicle, including, if available, the manufacturer, model, license plate number and mileage of the vehicle.
5. A statement that in order to receive an immobilization or poststorage hearing the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle, within ten days after the date on the notice, shall request an immobilization or poststorage hearing by contacting the immobilizing or impounding agency in person or in writing or by filing a request with the justice court and paying a fee equal to the fee established pursuant to section 22-281 for a small claims answer.
6. A statement that if the immobilizing or impounding agency does not provide the opportunity for an immobilization or poststorage hearing, the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle may request that the immobilization or poststorage hearing be conducted by a justice court in the immobilizing or impounding agency's jurisdiction or the jurisdiction in which the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle resides.
F. The immobilization or poststorage hearing shall be conducted by the immobilizing or impounding agency or justice court within five working days after receipt of the request
.
G. Failure of the owner, the spouse of the owner or other person or the other person's agent to request or to attend a scheduled hearing satisfies the immobilization or poststorage hearing requirement.
H. The immobilizing or impounding agency employing the person who directed the immobilization or storage is responsible for the costs incurred for immobilization, towing and storage if it is determined in the immobilization or poststorage hearing that reasonable grounds for the immobilization or impoundment and storage are not established.
it looks like they are over charging me and i have never been notified of anything by anyone. I know it looks like im fishing, but f these guys. I want my car and I dont want to give them anything I dont have to. dont i have ANY leg in this situation?What is the name of your state?
I was pulled over at 2:30 in the morning for faulty tail lights by highway patroll on. The officer arrested me for a bench warrant for a failure to appear. He called a towing company to pick up my vehicle. Being parked in a Dennys parking lot and not wanting any tow charges, I asked if my vehicle could be left there. The officer explained that my car would be stollen by the time I was released. So with little choice, my car was towed.
Not being able to post bond, I was incarcerated for almost three weeks before I saw the judge. The result of my case was that all my charges were dropped "in the name of justice" including the failure to appear.
After I was released, I finally found out where my car was and contacted them. They told me that it was going to take $580.00 to get my car out, $119.00 for tow and "around" $20.00 a day storage. They didnt seem all to interested in hearing that iIwas arrested wrongfully and all charges have been dropped.
Not being able to afford it and not feeling I should have to pay for it anyway, my car is still at the tow yard racking up the fees. There have been numerous people that have told me that legally they cant hold my vehicle for ransom even though it was a police called tow. That I should just go there and demand the release of my car to me. That the only thing they can do is bill me for the fees. I also understand arizona is currantly implementing new legeslature on the subject.
any advise?
here are some statutes that I think apply
arizona revised statutes
28-3512
G. The storage charges relating to the impoundment of a vehicle pursuant to this section shall either:
1. Be subject to a contractual agreement between the impounding agency and a towing firm for storage services pursuant to section 28-1108.
2. Not exceed fifteen dollars for each day of storage.
28-3514 the immobilizing agency or the person in possession of the vehicle shall not charge more than fifteen days' immobilization or impoundment when the person redeems the impounded vehicle or has the immobilization device removed from the vehicle.
D. Within two working days after immobilization or impoundment, the immobilizing or impounding agency shall mail or personally deliver notice of immobilization or storage to the owner of the vehicle.
E. The notice of immobilization or storage shall include all of the following information:
1. A statement that the vehicle was immobilized or impounded.
2. The name, address and telephone number of the immobilizing or impounding agency providing the notice.
3. The name, address and telephone number of the immobilizing or impounding agency or justice court that will provide the immobilization or poststorage hearing.
4. The location of the place of storage and a description of the vehicle, including, if available, the manufacturer, model, license plate number and mileage of the vehicle.
5. A statement that in order to receive an immobilization or poststorage hearing the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle, within ten days after the date on the notice, shall request an immobilization or poststorage hearing by contacting the immobilizing or impounding agency in person or in writing or by filing a request with the justice court and paying a fee equal to the fee established pursuant to section 22-281 for a small claims answer.
6. A statement that if the immobilizing or impounding agency does not provide the opportunity for an immobilization or poststorage hearing, the owner, the spouse of the owner, the owner's agent or any person identified in the department's record as having an interest in the vehicle may request that the immobilization or poststorage hearing be conducted by a justice court in the immobilizing or impounding agency's jurisdiction or the jurisdiction in which the owner, the spouse of the owner, the owner's agent or the person identified in the department's record as having an interest in the vehicle resides.
F. The immobilization or poststorage hearing shall be conducted by the immobilizing or impounding agency or justice court within five working days after receipt of the request
.
G. Failure of the owner, the spouse of the owner or other person or the other person's agent to request or to attend a scheduled hearing satisfies the immobilization or poststorage hearing requirement.
H. The immobilizing or impounding agency employing the person who directed the immobilization or storage is responsible for the costs incurred for immobilization, towing and storage if it is determined in the immobilization or poststorage hearing that reasonable grounds for the immobilization or impoundment and storage are not established.
it looks like they are over charging me and i have never been notified of anything by anyone. I know it looks like im fishing, but f these guys. I want my car and I dont want to give them anything I dont have to. dont i have ANY leg in this situation?What is the name of your state?