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  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Thumbs up Regarding Cops Calling in the Tow for My Truck

    Hello,

    Before everything, my friend has lent me his car for a week as he was out of state and it was for our company/work.

    First - As I was driving on the road (Seal Beach, Ca) & something has happened to my wheel/axle as I heard a loud cracking noise and my guess was that the axle near my front/left wheel has snapped.

    It seemed like it was still attached by the shocks. I pulled the car over on the side of the road dissecting the line of the furthest right lane/shoulder of the road and this was around 21:30-22:00.

    Luckily, three CHP's cruised by me and asked if I was okay and such and told me that they'd leave me w/ another CHP en route.
    The CHP officer then pulled up and went with protocol asking questions and such regarding towing. Everything seemed fine and I was on the phone with my friend shortly after informing him what has happened and if he had AAA. A couple of minutes pass and the officer's mood suddenly changes. He told me that it was mandatory that I get my truck towed because I was blocking traffic (The tail of my truck was blocking the furthest right lane by only 2-3 ft & the rest was in the right shoulder)

    I told him that I was on the phone with my friend while he was calling AAA to get my truck towed. He then started raising his voice stating that he was going to get my truck towed without my consent. The towing-company (CHP's side) quoted me 160/hr which was horrible when I can just get free towing from AAA.

    I started getting agitated telling the officer that this was a giant hassle when I can just get free-towing and he raised his voice saying no.
    Shortly, my other friend pulled up to the shoulder and we asked the officer if we can push the car 2ft up into the right shoulder so it doesn't block traffic and he also answered no.
    Then, I acted on impulse and I started cursing and such and he threatened me that he would have me arrested and as soon as I asked for his badge #/card/etc, he just froze up. It took a while to get his information as he kept beating around the bush. He then said "I'm recording you after all, so you can't do anything" but in the end, I ended up with his plate #/3-digit badge number/card

    A couple of minutes pass and I get a phone call from my friend informing me that AAA was a couple of minutes away yet as soon as he informed me, the tow-truck the officer has called pulled up. I asked if he can wait a few minutes for AAA and he just said no & asked for it to be towed away without my consent.

    I now have to deal with this in the morning towing out of the yard, paying this hourly fee, and dealing with this experience.
    Does this sound like a normal-protocol where the cop can just get your truck towed away without your consent ? After all, I didn't break any laws..

    Cheers.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    980

    Default Re: Regarding Cops Calling in the Tow for My Truck

    Unfortunately for you, yes, the cop can tow your vehicle if it is blocking a traffic lane or otherwise creating a hazard. While I do not condone the cop's behavior toward you, I can also see it from his side. The fact that you were having to call someone else to have that someone else call for a AAA tow is going to translate to that cop as "I'm going to be here for at least an hour before this guy gets his act together and gets this truck moved." It may not have been the reality with you, but, I've been there as "he's on his way and will be here in just a minute" turns into an hour.

    That being said, yeah, it sounds like the cop got a bit of a case of "badge heavy-itus." If you had someone there to help you move your truck, it would have been reasonable to allow you to try to do so (provided there was a reasonable expectation that you could have moved it to a safe location - safe to the cop means somewhere where he will no longer have to stick around to protect you from traffic). However, losing your cool and cussing him/her out is a really quick way to get a cop to do things quickly and by the book with no motivation to do you any favors.
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,145

    Default Re: Regarding Cops Calling in the Tow for My Truck

    Quote Quoting F/64
    View Post
    A couple of minutes pass and the officer's mood suddenly changes. He told me that it was mandatory that I get my truck towed because I was blocking traffic (The tail of my truck was blocking the furthest right lane by only 2-3 ft & the rest was in the right shoulder)
    That's sufficient for them to want to get your vehicle out of harm's way quickly.

    I told him that I was on the phone with my friend while he was calling AAA to get my truck towed. He then started raising his voice stating that he was going to get my truck towed without my consent. The towing-company (CHP's side) quoted me 160/hr which was horrible when I can just get free towing from AAA.
    The officer is correct. He is under no legal obligation to wait for your friend's tow company. His job is to clear the roadway and provide for the safe removal of the vehicle as quickly as possible.

    If your friend had insurance, it should cover the costs of such a tow, so he really would be out nothing more than whatever his deductible for a tow might be (if any).

    Shortly, my other friend pulled up to the shoulder and we asked the officer if we can push the car 2ft up into the right shoulder so it doesn't block traffic and he also answered no.
    It still needed to get off the roadway. And had he permitted either of you to push it and someone gets injured, or -God forbid - struck by a passing vehicle, he could be held liable. Once again, the officer was correct in that he had no legal obligation to permit you to push the vehicle.

    Then, I acted on impulse and I started cursing and such and he threatened me that he would have me arrested and as soon as I asked for his badge #/card/etc, he just froze up. It took a while to get his information as he kept beating around the bush. He then said "I'm recording you after all, so you can't do anything" but in the end, I ended up with his plate #/3-digit badge number/card
    The CHP does NOT have a three digit badge number. But, you're lucky. Most officers I know wouldn't put up with being yelled and cursed at, they'd tell you to stand out of the say and stop interfering, or go to jail.

    A couple of minutes pass and I get a phone call from my friend informing me that AAA was a couple of minutes away yet as soon as he informed me, the tow-truck the officer has called pulled up. I asked if he can wait a few minutes for AAA and he just said no & asked for it to be towed away without my consent.
    Again, the officer's prerogative.

    I now have to deal with this in the morning towing out of the yard, paying this hourly fee, and dealing with this experience.
    Does this sound like a normal-protocol where the cop can just get your truck towed away without your consent ? After all, I didn't break any laws..
    No, you didn't apparently break any laws. But, VC 22651(b) grants the officer the authority to tow a vehicle that is obstructing traffic. Your friend can make a claim to his insurance company for the cost of the tow ... or you can place it through yours if his won't pay for it.

    While the officer COULD have waited for AAA or whomever, he was under no obligation to do so. The CHP is under a mandate to clear the highways as soon as possible. They also have to clear highways after fatal collisions within a few hours when proper investigation might take a half a day or more. They get their tails in a sling when vehicles are left on the road, and the CHP officer has no way to know whether AAA is on their way or if someone is blowing smoke up their tailpipe. Thus, they call their own contracted rotational tow.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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