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Florida and Miami Beach same laws for towing on abandoned vehicle?
I know this is beyond the point but that section only applies to vehicles not in a designated parking area. Grego was parked in a designated parking area.- Ejay
- Post #87
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
I was referring to the USDC rulings, which I realize now are not USSC cases, I posted a few posts back. Over what jurisdictions are those precedent?- Ejay
- Post #81
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Grego, This is how an individual would contest a tow in FL, the way they have all these laws in FL organized is quite confusing: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute- Ejay
- Post #79
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
The USSC has ruled on it. I posted a few of the decisions. Here is some more info: https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1086&context=ulj "Abandon" mistake fixed.- Ejay
- Post #78
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
The precedent is set partially by these: https://scholar.google.com/scholar_case?case=5749695024061504439 https://scholar.google.com/scholar_case?case=3386680333428018735 In some situations this has been ruled constitutional, in others, such as with abandoned cars, it is not. Grego, I will...- Ejay
- Post #74
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
The fact that the OP is interested in recovering the costs of the tow is more accurate. I've corrected the post. Y'all say the tow was lawful and costs can't be recovered but you don't actually know this. There is no way for any of us to know if he can recover the costs of the tow unless we...- Ejay
- Post #70
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Notice is one of the essential elements of due process. Impounding a vehicle then not giving or at least attempting to give the owner notice is arguably a violation of due process. I don't doubt that y'all get away with it in NY but for this reason most jurisdictions require that notice of some...- Ejay
- Post #68
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
RJR, In California the power granted to municipalities is similar to that in FL yet it says within our vehicle code and the courts have also ruled that vehicle matters are not municipal affairs. Municipalities are free to adopt rules and regulation that coincide with the CVC but they can not...- Ejay
- Post #66
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Ron, It's the other way around, there needs to be something in the state/county/city ordinances that says they can, not the contrary. 389.1 allows them to issue a parking citation for violation of 389 but there is nothing in the code that permits them to tow pursuant to this violation...- Ejay
- Post #58
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Grego, Check out (d) of that same section? "(d) Whenever an officer removes a vehicle from a street as authorized in this section, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall within twenty-four (24) hours give or cause to be...- Ejay
- Post #52
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
I believe you have your vehicle was impounded pursuant to Dade County Code 30.384 (a) 3. That would be the agency's best bet, that being said you have the right to know why your vehicle was towed and you have the right to contest the stated reasoning. That notice does not say why you were...- Ejay
- Post #51
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Got it. Regardless that section pertains only to the parking violation and on it's own doesn't warrant the tow. Even if it did or some other section does speculating how Grego could go about defending it, without knowing for certain which section he is defending, is silly.- Ejay
- Post #48
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
No. A legal parking spot, by definition, is not part of the roadway. In just about every state including FL: Roadway - The actual traveled portion of the road, not including the shoulders and parking spots. Highway - Also referred to as "street" this is the entire paved area from curb to curb...- Ejay
- Post #46
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
I cited 705.101 as a reference for the definition of "abandoned" since both the local code and the county code do not define it. Absent another applicable definition, the hearing officer should consider this one as it is the most relevant. Furthermore, it is quite likely that local vehicle law...- Ejay
- Post #40
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Have you read my posts? Florida Statutes 705.101 (3) and various stautes of that chapter effectively define what an abandoned vehicle is. I found no other definition in the county or municipal codes. I feel like I am repeating myself though.- Ejay
- Post #35
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
According to which law? It simply had a flat tire and was parked in one spot for two weeks. It wasn't abandoned. I have this sneaking suspicion it was an eye sore but that doesn't give the agency authority to order a tow. The vehicle had a registered owner, had value, was sell-able, was...- Ejay
- Post #33
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
30-389 is the statute you were cited as violating which resulted in the parking ticket. You must have been towed pursuant to some other section. For now we can address the parking citation. "It is unlawful for any person to wilfully abandon a motor vehicle upon the public streets and highways"...- Ejay
- Post #31
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Grego, Before we assume the tow was unlawful, I suggest you contact the agency which ordered the tow and seek the information you have a right to know which is: for what parking violation you are being cited for, what code your car was towed pursuant to and how you may go about contesting the...- Ejay
- Post #18
- Forum: Parking Tickets and Non-Moving Violations
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Florida and Miami Beach same laws for towing on abandoned vehicle?
Contact the police department and explain to them the situation. Tell them the notice was illegible due to the weather and you want to know the information that was on the notice and your ticket. There was likely information on there that said why you were towed and how you can contest it...- Ejay
- Post #11
- Forum: Parking Tickets and Non-Moving Violations
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