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My car was wrongly towed by Police and ...

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HeLpMe111

Junior Member
What is the name of your state? MASS.

On dec. 9, 2006, at aproxinately 4:00am i was pulled over by the police and my car and license plates were taking away. The initial reason the officer pulled me over was because i ran a stop sign. later she ran my plates and told me there was going to be a problem. There were 4 cruisers presents and the charges on the citations are...vehicle is unregistered,had no insurance, defective equipment, running stop sign and they wrote me up for attaching plates.
heres the story. The car was sold to me by my freind on the same day at aroung 6-7pm. it was a saturday and the registry and the insurance is closed. i had the title in the car and left the bill of sale at home in a different jacket. the plates were actually my plates and did belong to me and still had insurance on it. the officers that were present i guess weren't aware of the 7 day grace period statue and decided to tow my car away. they ran my plates and the car vin and i just don't understand why my car was towed. anyways one of the sageant was quite rude. he told me there is no roadside negotioations and that this is an arrestable matter. i kept telling him i had the paperwork at home and i was 10 mins away from my house. he didn't cut me no slack.
on Dec 10, 2006 i went to the plouce station and spoke with the sargeant supervisor that was on duty. i had along with me Bill of Sale, title, and a print out of the 7 day grace peroid from the RMV. he verified all the info. and told me that he was going to return my plates and my car (which he did).
As a result now, i end up paying $125 to get my car back and i need to go to court still for these charges. Is there anything i can do to get my money back? can i file compaints for the negligence of the officer/officers? When i asked to recover the tow fee he told me to just eat it. This is not right and is outrageous. please HELP ME and tell me what my options are.:confused:
 


The Occultist

Senior Member
Since you didn't have all the necessary paperwork in the car, and thus no proof that the vehicle had been legally handed over to you, the tow was legal and you are responsible for the towing fees.
 

xylene

Senior Member
There is no "must cut slack" law in any of the 50 states. So out of luck on that.

In MA, registration and insurance are NOT transferable. So the it was my old cars plate arguement is not as strong as you imagine.

PLUS you ABSOLUTELY needed to have the documentation IN THE CAR.
 

HeLpMe111

Junior Member
what do you mean by they are not transferable? i got my old plates tranferred to my new car today at the RMV and had my insurance transferred as well. there was a transfer fee, but it was okay. also, i had the title in the car stating it was sold to me. thanks for help with the replies guys it is very much appreciated.
 

cepe10

Member
The police dept does not have immunity in this case due to improper procedure and incompetance but it would be too costly to recover via the civil route. This is the old "you can't fight city hall" rountine.

If it was the county - make sure you thank them next time the sheriff comes up for re-election... if it was state - make a formal complaint letter to the governor...

fight the charges agianst you in court. You've already paid XXX in fees so the judge may account for your loses there...
 

Zigner

Senior Member, Non-Attorney
Cepe is wrong - the police followed procedure based on the facts as shown to them at the moment.
 

HeLpMe111

Junior Member
does anyone know what the proper proedure is?

I mean they ran the plates and it obviously came back registered and legit and was insured. Thats why when i went back the next day to see the seargant he released my plates and my car. They also ran the vin on the car and i am sure it came back as not STOLEN. they also searched my vehcile accusing me of drinking and there was no evidence of that. i mean seriously there is a staute that staes i have a 7 day grace period and it posted on the rmv website. the officers should of been aware of it. i also, told them about this statuate when i was pulled over and they didn't believe me. I mean the facts are the car is mine and i purchased it, and they had no reason to tow my vehicle away. it is there negligence.
 

HeLpMe111

Junior Member
BTW, thanks again for everyone that tried to help. I will most likely have to go to court for these charges since it is a criminal matter and i will keep you all updated if you guys want me to.
 

Some Random Guy

Senior Member
what do you mean by they are not transferable? i got my old plates tranferred to my new car today at the RMV and had my insurance transferred as well.
I mean they ran the plates and it obviously came back registered and legit and was insured.
When xylene said the plates weren't transferrable, I think he meant that YOU can't just slap your plates on any car you want and start driving. The RMV can make whatever transfers they want.

But when the police run your plates and see that they match a different car, they they have every right to cite you and investigate the matter as a stolen vehicle. The VIN not coming back as stolen in the police database search just meant that it had not been reported as stolen yet.


I mean the facts are the car is mine and i purchased it, and they had no reason to tow my vehicle away.
Facts don't matter here. Its the facts at the time of the incident. At the time of the incident you were driving a car that was still titled to somebody else, had invalid plates on it and you had no proof to the contrary.
 

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