Was this unreasonable?

[oneparabol]

I am from Western New York. I was pulled over on the very outskirts of a village for speeding and learned that my license was suspended for failure to pay the second portion of the drivers responsibility asessment. The officer was brand new to the force, arrogant and sometimes rude. He asked me if I knew anyone in the village that could pick up my car. I told him that I was the Head Chef of a restaurant 8 miles north and someone could surely come from there. He told me that it was too far away and I had two minutes to find someone in the village or he was going to issue a tow. I called the restaraunt and asked some friends to come assist me and pick up my car. I approached the squad car and told the police officer my friends would be arriving within ten minutes, he told me that it was too late because he had already issued the tow.

I've since been told that I had the right to have someone come get my vehicle as long as it was street legal, which it was. Considering the village I was pulled over in is much greater then 8 miles wide, and the destination of my friends was merely 8 miles away I feel as though it was unreasonable for the officer to issue the tow. I also feel like the 2 minute duration I was given was unreasonable as well. My approach was either barely outside of this duration, or possibly he did not wait at all to issue the tow.

My friends arrived with the tow truck and we followed the truck to the yard where i paid a $135.00 fee to get my car back. Later I read in the newspaper that I was "arrested" and "charged with aggravated unlicensed operation of a motor vehicle in the third degree and speed violation: speed in zone." I was never physically touched or restrained by the police officer, I was not taken into custody, and i was not read any sort of rights that I would expect to hear if an arrest was made. I believe that the police officers are responsible for writing the news briefs and suspect that this is slanderous to my reputation.

I guess my questions boil down to:

Did I have the right to have someone pick up my car? Was 8 miles north a reasonable distance? Was I arrested? and If not, was this Slander?

I am collecting evidence for court as I feel like the situation was handled inappropriately by the inexperienced police officer. Any advice would help.

Thank you

 

[justalayman]

being arrested does not mean you were cuffed and taken to the station. There is noting wrong with what was written in the paper. I presume you signed a ticket or two? If so, you were them being released (from the arrest) on your own recognizance.

as to the "able to pick up your car"

I am not sure but I suspect if the car was legally parked, yes, there should have been no reason to tow the vehicle.

So, was it legally parked?

 

[oneparabol]

Thank you so much for the reply!

Yes, the car was legally parked. I felt as though it was towed because the officer thought 8 miles was too far away for him to wait, although my friends arrived just after the tow truck. Would it help in court if i brought a signed deposition from those that came to my aid?


Also, I didn't sign anything. I received two tickets but wasn't asked to sign anything. I read on an online legal dictionary the definition of arrest and felt as though It didn't apply to my situation. It stated some stuff about having your liberties removed or being physically touched/ restrained by the police officer. I wasn't sure if not being allowed to drive my car fell under the category of having my liberties removed.

Thanks again for the response, I thought something seemed very off with the tow, and if I can prove it what kind of response should i expect to see in court?

thanks again.

 

[CdwJava]

I felt as though it was towed because the officer thought 8 miles was too far away for him to wait, although my friends arrived just after the tow truck. Would it help in court if i brought a signed deposition from those that came to my aid?

I am not familiar with the specific tow laws in your state, but if they are similar to those in mine, the officer is under no legal obligation to wait for your friends. Whether the officer is legally obligated to release your vehicle if friends get their at the same time, i don't know. I doubt it, but it is possible.

And what court case are you talking about? The tow issue is a small claims action and not related to any criminal or traffic matter you might be involved in. The judge in your suspension case is not going to care about your car's impound.

Also, I didn't sign anything. I received two tickets but wasn't asked to sign anything.

You were released with a citation for a criminal offense in lieu of appearance before a judge ... we call that an arrest. You can certainly consult an attorney and see if you have grounds for a defamation/libel suit against the newspaper that published the information, but that's iffy.


- Carl

 

[I_Got_Banned]

Thank you so much for the reply!

Yes, the car was legally parked. I felt as though it was towed because the officer thought 8 miles was too far away for him to wait, although my friends arrived just after the tow truck. Would it help in court if i brought a signed deposition from those that came to my aid?


Also, I didn't sign anything. I received two tickets but wasn't asked to sign anything. I read on an online legal dictionary the definition of arrest and felt as though It didn't apply to my situation. It stated some stuff about having your liberties removed or being physically touched/ restrained by the police officer. I wasn't sure if not being allowed to drive my car fell under the category of having my liberties removed.

Thanks again for the response, I thought something seemed very off with the tow, and if I can prove it what kind of response should i expect to see in court?

thanks again.

As far as the arrest, every time you are pulled over you are essentially under arrest (you can't start your car and rive away, can you?) and are later released O.R. (as justalayman had indicated). Also, driving with a suspended license is a criminal violation in most if not all states, and with criminal record being public records, there was nothing wrong with your name being printed in the paper.

As for the tow, and assuming your state law authorizes an officer to tow the vehicle if you're driving while suspended, then he is within his abilities to order that it be towed. So while his "2 minute favor" was undoubtedly unreasonable. That does not necessarily mean that the tow was unreasonable.

I would suggest directing your energy towards getting your license reinstated before your court date rather than wasting it on matters that will not lessen the severity and seriousness of the violation you are charged with.

Good luck.

 

[oneparabol]

Ok.

Thanks again for the replies. I don't know a lot about the law and I felt the whole tow situation was unreasonable. I didn't know my license was suspended, I had recentally moved and never changed my address with the DMV, though I did with the post office I'm not sure if htey forward that kind of information.

Of course I paid the old fine and got my license back as soon as the DMV was open the very next day .

The whole arrest thing makes a lot more sense now that its been thrown back at me a couple times, I suppose I was arrested.

I guess Im still confused about the tow because of some second hand information i recieved. I have a friend that has a good in with the police department and her friend is one of the higher ranking officers. She was one of the ones i called to come get me. She talked to the higher ranking officer and he told her that I had the right to have someone come get my car provided it was street legal. He then talked to the arresting officer about the situation. The arresting officer lied to him and said that I told him there was absolutely no way someone could come get my vehicle.

What confuses me i guess is that why would he lie to his superior officer if he wasn't covering something up? I suppose maybe it just made him look like a bad person and thats enough for a cover up.

Thanks again for the info, Ill spend my energy trying to negotiate with the da. I'm hoping they will throw out the suspended license ticket considering i didn't know it was suspended and I took care of it immediately.

 

[Isis1]

Ok.

Thanks again for the replies. I don't know a lot about the law and I felt the whole tow situation was unreasonable. I didn't know my license was suspended, I had recentally moved and never changed my address with the DMV, though I did with the post office I'm not sure if htey forward that kind of information.

Of course I paid the old fine and got my license back as soon as the DMV was open the very next day .

The whole arrest thing makes a lot more sense now that its been thrown back at me a couple times, I suppose I was arrested.

I guess Im still confused about the tow because of some second hand information i recieved. I have a friend that has a good in with the police department and her friend is one of the higher ranking officers. She was one of the ones i called to come get me. She talked to the higher ranking officer and he told her that I had the right to have someone come get my car provided it was street legal. He then talked to the arresting officer about the situation. The arresting officer lied to him and said that I told him there was absolutely no way someone could come get my vehicle.

What confuses me i guess is that why would he lie to his superior officer if he wasn't covering something up? I suppose maybe it just made him look like a bad person and thats enough for a cover up.

Thanks again for the info, Ill spend my energy trying to negotiate with the da. I'm hoping they will throw out the suspended license ticket considering i didn't know it was suspended and I took care of it immediately.

just a little hope. i've had that happen to me before, only in my case the officer let me leave the car where it was and walk away. i called for a ride later. now i did go to the DMV the next day, the clerk signed my ticket, i took the ticket to the courthouse, and got a "oh, all fixed, case dismissed" . all in one day. so, it's possible.

 

[oneparabol]

That is some great hope . I don't currently have any points so the speeding ticket doesn't scare me but I would deffinately prefer to have the misdemeaner dropped.

I just signed up for this forum today, thank god. I almost went into court looking like an idiot. I'll surely continue coming here for my legal advice.

 

[HighwayMan]

Why are you posting this in multiple places? Why don't you stick to one thread?

 

[HighwayMan]

I am not sure but I suspect if the car was legally parked, yes, there should have been no reason to tow the vehicle.

Irrelevant. The vehicle was used in a crime and impounding it is a way to prevent the owner from coming back with a spare set of keys and driving it again with a suspended license.

If I catch you driving suspended you lose your car. I don't care if a licensed driver is in the car with you.

 

[HighwayMan]

just a little hope. i've had that happen to me before, only in my case the officer let me leave the car where it was and walk away. i called for a ride later. now i did go to the DMV the next day, the clerk signed my ticket, i took the ticket to the courthouse, and got a "oh, all fixed, case dismissed" . all in one day. so, it's possible.

The OP committed the offense of Aggravated Unlicensed Operation, 3rd Degree (VTL 511 (1))- a misdemeanor. This is not a "fixit" ticket, it's a criminal offense.

The charge will not be dismissed because he suddenly awoke from his daze, paid his outstanding Driver Responsibility Assessment and suspension termination fee, and got his license back.

 

[HighwayMan]

I didn't know my license was suspended, I had recentally moved and never changed my address with the DMV, though I did with the post office I'm not sure if htey forward that kind of information.

It says right on the back of your license that you have to notify DMV within 10 days of address change. Why on Earth would the post office, a federal agency, notify the state DMV of ANYTHING?

PLUS, when you get your DRA notice it says that failure to pay will result in a license suspension. Therefore, you legally MUST HAVE KNOWN your license was suspended since you obviously knew you failed to pay the DRA.

I have a friend that has a good in with the police department and her friend is one of the higher ranking officers. She was one of the ones i called to come get me. She talked to the higher ranking officer and he told her that I had the right to have someone come get my car provided it was street legal.

That's absolutely wrong. You have NO such "right".

 

[HighwayMan]

That is some great hope . I don't currently have any points so the speeding ticket doesn't scare me but I would deffinately prefer to have the misdemeaner dropped.

It seems unlikely that you have no points when you had to pay a DRA, which only kicks in when you hit 6 points.

How long ago did you get the points? Were they all from the one speed?

 

[oneparabol]

Wow, its like road rage here

I'm going to take it respectfully because here I am asking for help with something I know very little about.

The truth is I procrastinated, and in court I will discover what the punishment of that procrastination is. Though I absolutely did not know my license was suspended when I was pulled over.

As for your question It's hard to answer. The first ticket i received just before college in May/June 2005. It was 2 points. The second I receieved while on my externship for speeding down the highway about 17 months later. that would have been fall of 2006. I didn't receive the DRA until the summer of 07 and it wasn't due immediately. I did pay within the allotted time, the first installment of 100.00. I couldn't afford the full 300.00.

I guess while I'm writing this I'm really realising how long its been. I tend to put things off until the last minute and I thought I would receive something in the mail. I'm kinda wondering why I didn't at my old adress since i moved about 6 months ago.

Anyway the last points i received were during that fall. If the points arn't gone they are very close. I suppose I should have already registered for a defensive driving course, I would hate to get another DRA on the same points. Is that possible?


Anyway I can only hope the judge will understand. I know you say he won't but many others are telling me that he will. I obviously made some mistakes and neglected some debts and penalties. Though I would hope procrastination is not a criminal offense.

 

[HighwayMan]

Though I absolutely did not know my license was suspended when I was pulled over.

What you don't understand is that you legally should have known since you know you did not pay your DRA and you were advised that failing to pay your DRA would result in a license suspension.

Anyway the last points i received were during that fall. If the points arn't gone they are very close. I suppose I should have already registered for a defensive driving course, I would hate to get another DRA on the same points. Is that possible?

The defensive driving course does NOT eliminate your DRA. It reduces the points on your driving record for suspension purposes only (and it saves you insurance money). Points stay on your record for 18 months from violation date, although insurance companies have their own rules about how they deal with your driving record.

Anyway I can only hope the judge will understand. I know you say he won't but many others are telling me that he will. I obviously made some mistakes and neglected some debts and penalties. Though I would hope procrastination is not a criminal offense.

Many others?

What city/town/village was this?

It is doubtful that you will be convicted of the misdemeanor. In all probability you will be offered a plea to unlicensed operation, maximum fine is $300 plus an $80 surcharge. But all judges are different.