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  1. #1
    Join Date
    May 2006
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    Default Car Impounded and Towed

    In Michigan I received a ticket for having a suspended license on Sunday. The cop told me he will have someone tow my vehicle to an inpound. He also told me to call someone and have them pick me up. The wrecker arrived. About 5 minutes later my friend arrived. I asked the cop if my friend (with a valid driver license) can drive me home in my vehicle and driveback someone to pick up his vehicle. Each time I asked him he would respond to the wrecker driver, "Tow it." The wrecker driver told me in front of the cop the service is $125 plus $15 daily.

    On Tuesday I came to make out a police release form. The police release form reads $25.75 at the top. The officer at the desk charged me $26.00. The officer told me it is new and refused to give back my change.

    I picked up my vehicle on Wednesay. The same driver told me I had to pay $40 extra because of the new "Abandoned Vehicle Law" in Michigan. He told me I have to pay $40 more because the vehicle sat on the lot for more than 48 hours. I paid him the $225. I checked my computer at home and came to this: http://www.michigan.gov/sos/0,1607,7...776--F,00.html
    I was at the site claiming the vehicle when the cop ordered to tow it, meaning I was not suppose to pay the extra $40.

    These people are trying to squeese out every penny they can. What would you recommend? Shall I sue the city police department for having my vehicle towed?, shall I mention to the news media how the inpound cheated me $40 extra dollars?, take the city to small claims for .25?, etc.

  2. #2

    Default Re: Car Impounded and Towed

    If i were you I would talk to an attorney about that. i have been in a similiar situation myself with my fiance driving my car back in july without a license. My car was towed to the impound, but from what the police tell me it technically isnt in the impound. Yet i was charged an initial $75 dollars for the towing and $20 a day ever since which now means it is now $975 dollars to get my car out. I guess i am lose the vehicle because there is no way in hell i can afford that and like i said my car isnt even in the impound it is just the garage it was towed to being greedy. I wish you all the best and hopefully you get your money back.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
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    28,620

    Default Re: Car Impounded and Towed

    Did you have valid registration for the vehicle?

  4. #4
    Join Date
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    Default Re: Car Impounded and Towed

    Yes, it was valid. The officer checked it out. I got no ticket for that.

  5. #5
    Join Date
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    Michigan
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    Default Re: Car Impounded and Towed

    That would have made it easy, as there is express statutory authorization for a vehicle tow when the vehicle does not have proper registration.

    The materials you cite, and the $40 fine you describe, relate to abandoned vehicles. Your car wasn't towed because it was abandoned - it was towed because you were stopped without a valid driver's license.

    The statute the tow yard operator seems to be referencing is MCL 257.252a. That reads in part,
    Quote Quoting MCL 257.52a - Abandoned vehicle; presumption of responsibility; violation; penalty; "abandoned vehicle" defined; duties of police agency; contest by owner; hearing; request; fee; towing and storage charges; obtaining release of vehicle; public sale; inability to determine ownership of abandoned vehicle; entry into law enforcement information network.
    (1) A person shall not abandon a vehicle in this state. It is presumed that the last titled owner of the vehicle is responsible for abandoning the vehicle unless the person provides a record of sale as that term is defined in section 240. A person who violates this subsection and who fails to redeem the vehicle before disposition of the vehicle under section 252g is responsible for a civil infraction and shall be ordered to pay a civil fine of $50.00.

    (2) As used in this section and sections 252a through 252l, "abandoned vehicle" means either of the following:
    (a) A vehicle that has remained on private property without the consent of the owner.

    (b) A vehicle that has remained on public property for a period of not less than 48 hours, or on a state trunk line highway as described in section 1 of 1951 PA 51, MCL 247.651, as follows:
    (i) If a valid registration plate is affixed to the vehicle, for a period of not less than 18 hours.

    (ii) If a valid registration plate is not affixed to the vehicle.
    * * *

    (7) If the owner does not request a hearing under subsection (6), he or she may obtain the release of the vehicle by paying a fee of $40.00 and the accrued towing and storage fees to the custodian of the vehicle. The custodian of the vehicle shall forward $25.00 of the fee to the secretary of state within 30 days after receipt in a manner prescribed by the secretary of state, who shall deposit the fee into the abandoned vehicle fund created in section 252h.
    I don't read that statute as automatically transforming a vehicle which is in an impound lot into an "abandoned vehicle" if it remains there for more than 48 hours. But if the car was in the police impound lot (which would be public property) for more than 48 hours, MCL MCL 257.52a(2)(b) arguably applies to define the car as "abandoned".

  6. #6
    Join Date
    May 2006
    Location
    USA
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    663

    Default Re: Car Impounded and Towed

    My plate was good and my registration was good. I got the ticket for driving under a suspended license only (DWLS). The impound was at a private towing location in Waterford, Michigan. Shall I sue them?

  7. #7
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Car Impounded and Towed

    I'm not going to advise you what to do - that's your choice to make. You may wish to look at MCL 257.252f.

  8. #8
    Join Date
    May 2006
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    Default Re: Car Impounded and Towed

    Thank you guys, I got it from here.

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