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Does Driving Away from a Tow Truck Show Intent to Derpive

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  • 02-05-2013, 02:01 PM
    bmclean328
    Does Driving Away from a Tow Truck Show Intent to Derpive
    My question involves criminal law for the state of: Washington

    I was on a snowy mountain pass and got stuck in a ditch. 4 state troopers approached me and asked if I'd like them to call a tow truck. I said no as I have roadside assistance. About 20 mintues after my assitance was dispatched a tow truck showed up, and without identifying himself or his company, told me to turn the wheel and winched my car out. I then, assuming it was my roadside assistance, asked if he needed me to sign anything and he told me it would be $162.50

    I did not have the money, and as I made clear to him, he could run my card but it would be NSF. I asked them to send me a bill. He then told me he was going to hook my car up until I paid, so I drove away before he could. I was charged with theft 3. I did get an invoice from the tow company and it was paid, but not before I was already charged.

    Question: Did I exhibit "intent to deprive" which is generally the standard for "theft"? It seems to me that sending an invoice for services that are not requested and agreed to is standard practice. I have already pled not guilty, but have yet to attend my pre-trial. Any thoughts?
  • 02-05-2013, 02:10 PM
    souperdave
    Re: Did I Exhibit Intent to Deprive when Leaving a Tow Truck
    You needed a tow truck, but then later drove away? Could you fill in the blanks please?

    Were you pulled out and then refused to pay? And then drove off?
  • 02-05-2013, 02:33 PM
    Disagreeable
    Re: Did I Exhibit Intent to Deprive when Leaving a Tow Truck
    It was up to you to clarify if it was your road service provider. Instead, you let him winch you out, then failed to pay him. You compounded the issue by fleeing. I don't see how you expect to convince a judge you are not guilty. It appears you manage your financial affairs as well as you drive, good enough to get by most of time, but you lose the details occasionally.
  • 02-05-2013, 02:36 PM
    bmclean328
    Re: Did I Exhibit Intent to Deprive when Leaving a Tow Truck
    I needed a tow truck, but had roadside assistance through my insurance company, so I asked that the state patrol NOT call a tow truck. This tow truck showed up after my insurance company dispatched a truck but before they showed up. The truck I had the incident with was called by the state patrol.

    I was pulled out by the truck summoned by the state patrol. The driver did not identify himself, his company or anything and proceeded to pull my car out. I was under the assumption that he was the truck dispatched by my insurance company and there would be no charge.

    I did not refuse to pay, I did not have the money. I asked them to send me an invoice and provided my information, but when I told him that I flat out did not have money and if he charged my card it would be NSF, he threatened to take my car. That is when I left.

    My question is since I did not request this service, there was no price given to me and because I provided information for an invoice to be sent, did I exhibit "intent to deprive"? Or do I have a real case?

    I have records that a truck was dispatched by my insurance company before this happened, and I have since paid the tow bill. I did not get the invoice until after I was cited for theft 3. Hope this helps.
  • 02-05-2013, 02:40 PM
    Disagreeable
    Re: Did I Exhibit Intent to Deprive when Leaving a Tow Truck
    So you are claiming this tow truck drove up, parked, hooked up your car and pulled you out of the ditch, without saying a word to you. You are also claiming you were so cold as to be in a stupor and not medically competent to verify it was the road service truck and not some random tow truck driving down the road? He had a right to take your car. You failed to pay for the service.
  • 02-05-2013, 03:25 PM
    Lehk
    Re: Did I Exhibit Intent to Deprive when Leaving a Tow Truck
    get a lawyer for the criminal charges it is likely that you can beat the rap on those.

    you also should find out if the driver who showed up was dispatched by the police or if he was just a vulture with a police scanner, if it's the latter you may want to sue him
  • 02-05-2013, 05:47 PM
    davidmcbeth3
    Re: Did I Exhibit Intent to Deprive when Leaving a Tow Truck
    Generally, they don't hook you up ... you are free to drive away ...
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