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  1. #1
    Join Date
    Oct 2014
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    14

    Default Re: Vehicle Impounded from My Private Driveway

    Miranda VS City of Cornelius, Supreme court said that the only way a vehicle can be impounded from a private driveway the.impound must comply with the principles of "community caretaking" which in my case the impound had nothing at all to do with community caretaking.

  2. #2

    Default Re: Vehicle Impounded from My Private Driveway

    That's your opinion. The officer's opinion appears to be that if you're willing to drive around violating the law, and the way to protect the community against you doing so is impounding the vehicle. As you've already been told, your violation of the law occured on public roadways. You don't get a pass on the consequences of your criminal action just because you reached "base". On the plus side, you absolutely have the freedom to retain a bulldog attorney to try to make that case to the court. Let us know how that works out.

  3. #3
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    California
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    Default Re: Vehicle Impounded from My Private Driveway

    Quote Quoting MrDurham
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    Miranda VS City of Cornelius, Supreme court said that the only way a vehicle can be impounded from a private driveway the.impound must comply with the principles of "community caretaking" which in my case the impound had nothing at all to do with community caretaking.
    Actually, that's a 9th Circuit case ... Ohio is in the 6th Circuit. This case is not binding on Ohio.

    And there can be any number of reasons under which the officer impounded the vehicle. And, even if in the 9th Circuit, the car could have still been taken if the community caretaking element could be articulated. In this case, it could be that the officer could articulate that had the vehicle not been towed it was very likely to have continued to have been driven on the street or some similar argument.

    Bottom line is that your car was towed. You had best make some phone calls and find out how to get it out of impound as soon as possible or those daily fees will start to rack up!

    Sorry.

  4. #4
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    Default Re: Vehicle Impounded from My Private Driveway

    And we all know california has some laws that are quite different than most other states, especially those closer to the east coast.

    And depending on on how one interprets "community care taking" it could be interpreted that your actions endangered the community at large by driving a vehicle that is not allowed to be on the public roads and as such took it into custody specifically to safeguard society in whole.

  5. #5
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    Default Re: Vehicle Impounded from My Private Driveway

    Quote Quoting jk
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    And we all know california has some laws that are quite different than most other states, especially those closer to the east coast.
    But, the US 9th Circuit Court of Appeals is NOT just California. Alaska, Hawaii, Oregon, Washington, Montana, Idaho, Nevada, and Arizona ... a rather diverse mish-mash. Even California is not keen on the 9th, so it's certainly not ours. And, Miranda v. City of Cornelius is an Oregon case ta boot!

    And depending on on how one interprets "community care taking" it could be interpreted that your actions endangered the community at large by driving a vehicle that is not allowed to be on the public roads and as such took it into custody specifically to safeguard society in whole.
    Yep. That's why he could even find it impounded even here on the west coast.

  6. #6
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    Default Re: Vehicle Impounded from My Private Driveway

    Quote Quoting cdwjava
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    But, the US 9th Circuit Court of Appeals is NOT just California. Alaska, Hawaii, Oregon, Washington, Montana, Idaho, Nevada, and Arizona ... a rather diverse mish-mash. Even California is not keen on the 9th, so it's certainly not ours. And, Miranda v. City of Cornelius is an Oregon case ta boot!


    Yep. That's why he could even find it impounded even here on the west coast.
    Let's even ignore the community care taking position. If OP had read the case cited, he would have realized that if the vehicle is involved in a crime, the community care taking issue is not involved.

    and guess what:

    4549.08 Fictitious license plates or identification number or mark.

    (A) No person shall operate or drive a motor vehicle upon the public roads and highways in this state if it displays a license plate or a distinctive number or identification mark that meets any of the following criteria:(1) Is fictitious;(2) Is a counterfeit or an unlawfully made copy of any distinctive number or identification mark;(3) Belongs to another motor vehicle, provided that this section does not apply to a motor vehicle that is operated on the public roads and highways in this state when the motor vehicle displays license plates that originally were issued for a motor vehicle that previously was owned by the same person who owns the motor vehicle that is operated on the public roads and highways in this state, during the thirty-day period described in division (A)(4) of section 4503.12 of the Revised Code.(B) A person who fails to comply with the transfer of registration provisions of section 4503.12 of the Revised Code and is charged with a violation of that section shall not be charged with a violation of this section.(C) Whoever violates division (A)(1), (2), or (3) of this section is guilty of operating a motor vehicle bearing an invalid license plate or identification mark, a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.

    and since the OP wants to consider other states laws, here is a section from California that appears to allow the seizure of the vehicle in the situation the OP is in:


    22655.5. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the territorial limits in which the officer may act under the following circumstances:
    (a) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle was used as the means of committing a public offense.
    (b) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed.
    (c) Notwithstanding Section 3068 of the Civil Code or Section 22851 of this code, no lien shall attach to a vehicle removed under this section unless the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicle.
    (d) In any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutor may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges imposed pursuant to Section 22850.5.

    and it appears the crime involved would be a public offense in California:


    15. A crime or public offense is an act committed or omitted in
    violation of a law forbidding or commanding it, and to which is
    annexed, upon conviction, either of the following punishments:
    1. Death;
    2. Imprisonment;
    3. Fine;
    4. Removal from office; or,
    5. Disqualification to hold and enjoy any office of honor, trust,
    or profit in this State.



    16. Crimes and public offenses include:
    1. Felonies;
    2. Misdemeanors; and
    3. Infractions.
    I have not found, or really dug that far into Ohio law but I suspect given the fact this was considered a crime there is a provision that would allow the seizure of the vehicle involved.
    - - - Updated - - -

    [QUOTE=MrDurham;840275]I understand that I broke the law and im sure I will be punished for that when I go to court. I have the tickets and a court date. So what was the point of taking the car from my property?
    If his reasoning was that.of that he may have believed that the car would again been driven illegaly, I have a very clean driving record and am a class A cdl holder.
    what a foolish statement. He observed you driving the car illegally. That's why you are here asking questions, remember? You don't get to go into court and say " I know I was committing a crime but the reason for taking the vehicle was unneccessary because I would not ever drive a car with ficticious registration"

    sounds kind of dumb when you realize what you are actually saying there, doesn't it?



    and since you have a cdl a, if that is important to your livelihood, I strongly suggest you hire a lawyer.




    There is nothing that would support that theroy. He wrote the ticket for fictitious registration because I had just bought the car two weeks before. My old car had blown up and I sent it to the scrap yard. I took my tags off of the old car and put them on my new one. Which is perfectly legal in Ohio for thirty days while you are filling for a new registration
    .really? Care to show proof of that? While there may be a provision to allow you to drive without registration, I seriously doubt the argument of putting a plate on the vehicle that is registered to another vehicle on the car is legit.

    Not for the impoundment from ones personal driveway just because of a traffic ticket.
    a traffic ticket? A misdemeanor crime.

    - - - Updated - - -

    cdwjava;840284]


    Then, I suppose you'll have a great defense. This seems odd, but, I suppose in some states plates follow the owner and not the vehicle.
    well, Carl, this is where the left coasters do things differently. Most states back here, the plate does not stay with the vehicle. I actually like your method but since it means the VIN is associated with the same registration forever, that is not how it works back here. You keep the plates from a car you dispose of here.

  7. #7
    Join Date
    Oct 2014
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    14

    Default Re: Vehicle Impounded from My Private Driveway

    Thats what's wrong with authority. I could have endangered the public by driving a car that had the wrong plates on it? But as soon as I paid the taxes on it then the public would no longer be in danger. And to think, people would actually go to court and argue that crap and probably get away with it.

    - - - Updated - - -

    Orc. 4549.08 section A subsection 3.

  8. #8
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    Default Re: Vehicle Impounded from My Private Driveway

    Here, I'll actually help the OP. If it is applicable, and he is truthful about the specifics, he is home free:


    4503.12(A)(4)

    (4) If the original owner of a motor vehicle that has been transferred makes application for the registration of another motor vehicle at any time during the remainder of the registration period for which the transferred motor vehicle was registered, the owner may file an application for transfer of the registration and, where applicable, the license plates. The transfer of the registration and, where applicable, the license plates from the motor vehicle for which they originally were issued to a succeeding motor vehicle purchased by the same person in whose name the original registration and license plates were issued shall be done within a period not to exceed thirty days. During that thirty-day period, the license plates from the motor vehicle for which they originally were issued may be displayed on the succeeding motor vehicle, and the succeeding motor vehicle may be operated on the public roads and highways in this state.
    all you need is proof you transferred the vehicle the plates belong to within the prior 30 days.

    and with that my admission of being incorrect with my statement about the legality of the claim by the OP.

    - - - Updated - - -

    Quote Quoting MrDurham
    View Post
    Thats what's wrong with authority. I could have endangered the public by driving a car that had the wrong plates on it? But as soon as I paid the taxes on it then the public would no longer be in danger. And to think, people would actually go to court and argue that crap and probably get away with it.

    - - - Updated - - -

    Orc. 4549.08 section A subsection 3.
    it is endangering the public in whole not because of it not being registered, per se, but that
    1. a person that drives an unregistered vehicle (outside of any exceptions in the law) has proven themselves to have a disregard for the laws of the state and as such, is considered to be a danger to society.

    2. the likelihood of a person with an invalid registration also not having the required insurance on the vehicle is extremely high. As such, any person involved in an accident with that person, or any owner of any property damaged by the driver, is at risk of not being justly compensated by the offending driver so again, an endangerment to the public


    endanger does not have to mean there is an intent to physically harm a person. It simply means you can cause injury to others and monetary damage is still injury.

    while I suspect there is no requirement to carry proof of transferring the prior vehicle with you, a smart person would realize that since that is the exception that allows you to act in a way that would otherwise be a criminal act, that person would carry that proof with them. It would have avoided what happened to you now, wouldn't it?

  9. #9
    Join Date
    Oct 2014
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    14

    Default Re: Vehicle Impounded from My Private Driveway

    And there my problem is. I have no proof that I scrapped the vehicle and was not aware that I needed it or sure if I actually do need it since I cannot find a law stating that I do.

  10. #10
    Join Date
    Sep 2005
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    California
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    Default Re: Vehicle Impounded from My Private Driveway

    You should have some paperwork indicating that the vehicle has been transferred out of your name, right?

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