Impounded & Washington State "Reasonable Effort"

[Tritium]

What is the name of your state? Washington

For RCW 46.55.113, "Removal by police officer" (Impounding Vehicle), I am confused as to why the officer didn't attempt to get my contact information from my friend? Shouldn't he have done so?

When an arrest is made for a violation of RCW 46.20.342, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before the summary impoundment directed under subsection (1) of this section, the police officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this subsection or RCW 46.55.120(1)(a)(ii).

I was available to pick the car up would I have gotten a phone call. They wouldn't let him use the phone until after the hearing the next afternoon. I believe this would get the $$ I dished out for having vehicle in the impound lot. (almost $500 for less than a week.) My case was friend driving car to bring me clothes. He was found to have a suspended license for unpaid tickets. I was disappointed that there was no noticeable effort made by the officer... Anything I can do?

Thanks,

_trit

 

[racer72]

What about your vehicle made it a "commercial vehicle"? Did it have the name of your business and phone number plainly visible on the vehicle?

 

[CdwJava]

Was the driver arrested for being unlicensed? Or was he arrested for warrants or some other offense?

The officer is under no obligation to try and search for your phone number. If you feel that the officer did not make an effort as required under the law (provided your vehicle IS a "commercial vehicle" and not owned in whole or part by the driver) then you can take this up with the officer's administration and seek to have them compensate you for the cost of the impound and storage fees.

EDIT: ON further research .... in other words, I read your other post ... it seems that he was arrested for mossession of meth. He was NOT arrested for driving on a suspended license. Therefore, RCW 46.55.113(1)(d) would authorize the impound and RCW 46.55.113(3) (regarding a suspended license arrest and impound) would NOT apply. You did NOT have to be notified pursuant to that section.

If you want compensation, sue your doper pal.

- Carl

 

[Tritium]

Arrested...

He was arrested for "Driving While License Suspended in the 3rd Degree" for unpaid traffic tickets. This arrest is what allowed for a Search of the car incident to arrest. The only thing that they could have been from (to his recollection) was an accident he had been in. But does not recall anything that required payment or court date.

As for what makes it commercial.. I think there's a part of the law, or a law that I didn't paste. It basically said a Commercial OR If the owner of the vehicle was not the driver, nor a passenger in the vehicle, then they would need to contact the owner.

I'm not saying what he did was right, nor can anything be justified. He's a good kid that's never been in trouble.. (with the exception of Jay Walking) whose had bad news after bad news. I am not sure what I would do If I was told that I had an incurable disease... after his mom passed away from Brain Cancer when he was 16, and no family to go to for help.

It's easy to judge a person by a short period of his or her run in with the law. We've all done stupid things in our lives. And I bet we'll still do stupid things in the future. Not all of us had the same type of guidance growing up as others. So you may make the right choices because you were taught how bad, and took it to heart. Others have to learn the more difficult way. I am hoping this incident shakes him on the right track. I am just hoping we can avoid a felony charge on his record. But if he repeats his mistake after this, then he doesn't care enough, and deserves the consequences that will follow.

It had been a very long week for me. The storms caused havoc all over the Puget Sound region and beyond. I was doing Disaster Recovery, which is why I was in Portland. I called each of the Police Organizations for information when he never showed up... They reported no record of the vehicle being in any incident. So a little frustrated. Anyhow... enough rambling. Christmas Party to attend.

Thanks for your input.

 

[CdwJava]

He was arrested for "Driving While License Suspended in the 3rd Degree" for unpaid traffic tickets. This arrest is what allowed for a Search of the car incident to arrest.

Ultimately he was arrested for the dope and NOT the license. It's semantics to be sure, but likely sufficient. The best you might hope for if you prevail would be compensation for the impound fees.

As for what makes it commercial.. I think there's a part of the law, or a law that I didn't paste. It basically said a Commercial OR If the owner of the vehicle was not the driver, nor a passenger in the vehicle, then they would need to contact the owner.

No. Actually it said: "if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle".

So if it were not a commercial vehicle, that section would not apply anyway.

The whole of the section can be found here: http://apps.leg.wa.gov/RCW/default.aspx?cite=46.55.113


- Carl

 

[Tritium]

Well, forget that...

Seems the original reason for pulling him over... (going 35 in a 25) was wrong. My friend was never told the reason he was being pulled over. When it came down to it... The area leading up to the location where the car was ultimately pulled over... was 35, and where the car actually was stopped was 30 MPH. Invalidating the charges that followed. I believe once this has been set forth in the courts, that I would be able to request impound fees be refunded.

 

[racer72]

Unfortunately for you, dismissal of the reason for the initial stop does not invalidate other charges that may follow. In fact, it is quite common to see the reason for the initial stop dismissed by a judge but other charges stick. Also, where the actual stop occurred in irrelevent, all that matters is where the violation happened. And in the many years I have attended traffic court in various courts in King County, I still have yet to see a judge order the repayment if towing or impound fees. Good luck, you will need it.