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Any way to get my car/belongings back?

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M

MMetz

Guest
Arkansas

Halloween night I blew a tire, which resulted in me curbing our car. I called for help from the FD because AAA was going to be 2 hours and I wanted to get my son trick-or-treating. I use Listerine strips, though now I wish I never had. Instead of firefighters, two police officers came out. Within five minutes they had decided that I was drunk because they smelled the alcohol of the Listerine strip. I'll add that my son was in the back seat watching his tablet while I changed out the tire. Well, that was all the ammo that my soon-to-be-ex-husband needed. The car I have been driving since 2013, which is registered in just his name, he now will not allow me any access. Even worse, he will not allow me to get my belongings out of the car, including my wallet, clothes, cash, and a few other very important things. I'm basically stranded. Do I have any rights as a spouse to require him to let me have my vehicle back? He has his own vehicle in California. We have lived separately since June. I requested a breathalyzer test 3 times from the officers, and was told no. They said I had funny-looking pupils. When I got to intake they did give me one and I blew a 0.01. Help!!
 


Zigner

Senior Member, Non-Attorney
You called the flippin' fire department over a flat tire? I'm not surprised the police showed up - that was an irrational thing to do.

You call him your "soon-to-be-ex-husband". Has anything been filed with the courts? How can your husband stop you from having access to the car if he's in CA and you're in AR?
 
M

MMetz

Guest
I didn't call over a flat tire, I called for an industrial size jack. I changed the shredded tire myself. The angle that the wheel was sitting up on the curb I did not have a jack that would go high enough to be able to get it back over the curb. Again, I called the non-emergent line hoping that the fire department would have a jack that could help me get it down. My only goal was to be able to get my son trick-or-treating. My husband lives in California because he is active duty military. We are in Arkansas because we previously owned a home here and this was the best option for my son and I to go to to have a nice home together. My husband arrived over the weekend and now has possession of my son and will not allow me to see him or talk to him and will not allow me access to the car. The towing company is telling me that because he is the only one on the registration that he has to sign a release form for me to have any access to what is in the car or the car itself. He won't even reply to me, let alone sign a form.
 

Just Blue

Senior Member
I didn't call over a flat tire, I called for an industrial size jack. I changed the shredded tire myself. The angle that the wheel was sitting up on the curb I did not have a jack that would go high enough to be able to get it back over the curb. Again, I called the non-emergent line hoping that the fire department would have a jack that could help me get it down. My only goal was to be able to get my son trick-or-treating. My husband lives in California because he is active duty military. We are in Arkansas because we previously owned a home here and this was the best option for my son and I to go to to have a nice home together. My husband arrived over the weekend and now has possession of my son and will not allow me to see him or talk to him and will not allow me access to the car. The towing company is telling me that because he is the only one on the registration that he has to sign a release form for me to have any access to what is in the car or the car itself. He won't even reply to me, let alone sign a form.
You thought it rational to call the fire department in this situation? Really? For Trick or Treating?????? Do you have a history of mental illness?
 

Zigner

Senior Member, Non-Attorney
You thought it rational to call the fire department in this situation? Really? For Trick or Treating?????? Do you have a history of mental illness?
People tend to have impaired judgment when under the influence of alcohol.
 

xylene

Senior Member
I guess I don't find asking emergency services on a non emergency numbet for help to be all that odd, in and of itself. the fd will help string a flag pole with a boom truck and I live in a bigger city here... Nor do I find it odd for a popo to gin up a DUI charge for a mouthy motorist.

The op needs a lawyer and and to work on separating her life from her estranged spouse.
 
Arkansas

Halloween night I blew a tire, which resulted in me curbing our car. I called for help from the FD because AAA was going to be 2 hours and I wanted to get my son trick-or-treating. I use Listerine strips, though now I wish I never had. Instead of firefighters, two police officers came out. Within five minutes they had decided that I was drunk because they smelled the alcohol of the Listerine strip. I'll add that my son was in the back seat watching his tablet while I changed out the tire. Well, that was all the ammo that my soon-to-be-ex-husband needed. The car I have been driving since 2013, which is registered in just his name, he now will not allow me any access. Even worse, he will not allow me to get my belongings out of the car, including my wallet, clothes, cash, and a few other very important things. I'm basically stranded. Do I have any rights as a spouse to require him to let me have my vehicle back? He has his own vehicle in California. We have lived separately since June. I requested a breathalyzer test 3 times from the officers, and was told no. They said I had funny-looking pupils. When I got to intake they did give me one and I blew a 0.01. Help!!
Listerene strips contain:
Pullulan , Menthol , Potassium Acesulfame , Copper Gluconate , Polysorbate 80 , Chondrus Crispus (Carrageenan) , Glyceryl Oleate , Thymol , Eucalyptol , Methyl Salicylate , Ceratonia Siliqua (Locust Bean) Gum , Propylene Glycol , Xanthan Gum , Aroma (Flavor) , Blue 1 , Green 3.
No alcohols of any sort, so the alcohol could only have come from a different source, possibly a can or a bottle.
 

Zigner

Senior Member, Non-Attorney
Listerene strips contain:
Pullulan , Menthol , Potassium Acesulfame , Copper Gluconate , Polysorbate 80 , Chondrus Crispus (Carrageenan) , Glyceryl Oleate , Thymol , Eucalyptol , Methyl Salicylate , Ceratonia Siliqua (Locust Bean) Gum , Propylene Glycol , Xanthan Gum , Aroma (Flavor) , Blue 1 , Green 3.
No alcohols of any sort, so the alcohol could only have come from a different source, possibly a can or a bottle.
I suspect the OP was hoping they strips would cover up the alcohol smell.
 

gryndor

Member
I work for a fire department, and I *frequently* answer calls to do with "is it a burn day?" and "where's the closest polling station?" and "what's the number for the sheriff's office?" My position doubles as 411, I swear.
 

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