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Sister's Car Impounded by Police- Can we get it out?

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Old 08-09-2013, 08:12 PM   #1
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Question Sister's Car Impounded by Police- Can we get it out?

Figured this was the best place for this thread. Mods, if you figure there's a better place for this, be my guest.
My idiot sister got pulled today doing 60 in a 45. This is her third driving on a suspended. She called me and I came to get her from the scene- surprised she wasn't carted off to jail. Cop was very nice, but said he HAD to impound her car, as it was procedure for someone with my sister's record. It's at Allen's Towing all the way out in VB until Tuesday. (This means that my truck is the only vehicle we have right now, so I will be ferrying both of my sisters and my father to work every day, and will have to do the newspaper route (Virginian Pilot) in my truck, something I had been trying to prevent from happening, as the route tears up the front end your vehicle. All of this, on top of my work. So we need to try to get the car out so I don't destroy my truck.)
But the car is in my Dad's name, not my sister's, and my dad is under the impression that they cannot impound it and force us to pay impoundment fees because it is in his name and not hers. He says they had no right to impound it.
Is my father right, or is this totally normal? And is there any way we might be able to contest this to get the car out early? Because I can't ferry around my 7-people family all day long. I'll lose my jobs, and then we really will have nothing.
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Old 08-09-2013, 08:14 PM   #2
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The vehicle was used in the commission of a crime, for damn sure it can be impounded, regardless of who it was registered to.
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Old 08-09-2013, 08:15 PM   #3
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Quote:
Originally Posted by Fenwick1993 View Post
Figured this was the best place for this thread.
My idiot sister got pulled today doing 60 in a 45. This is her third driving on a suspended. She called me and I came to get her from the scene- surprised she wasn't carted off to jail. Cop was very nice, but said he HAD to impound her car, as it was procedure for someone with my sister's record. It's at Allen's Towing all the way out in VB until Tuesday. (This means that my truck is the only vehicle we have right now, so I will be ferrying both of my sisters and my father to work every day, and will have to do the newspaper route (Virginian Pilot) in my truck, something I had been trying to prevent from happening, as the route tears up the front end your vehicle. All of this, on top of my work. So we need to try to get the car out so I don't destroy my truck.)
But the car is in my Dad's name, not my sister's, and my dad is under the impression that they cannot impound it and force us to pay impoundment fees because it is in his name and not hers. He says they had no right to impound it.
Is my father right, or is this totally normal? And is there any way we might be able to contest this to get the car out early? Because I can't ferry around my 7-people family all day long. I'll lose my jobs, and then we really will have nothing.
its normal, in NH your sister would be felon because of stupid shit like this. you will have to pay all the towing and storage fees, and you may have to wait a certain amount of time before you can get it back per state law/PD policy. Did she have alcohol/drugs in the car? is she underage?

If she had alcohol in the car, and is underage, Wellsley v. Kingston states the car MUST be impounded for no less than 24hrs, no matter who it is registered to.
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Old 08-09-2013, 08:16 PM   #4
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Gotcha. Much appreciated. So there's no way we could get it out early at all, no going to the courts to contest it or anything?
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Old 08-09-2013, 08:18 PM   #5
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Quote:
Originally Posted by 650H1 View Post
its normal, in NH your sister would be felon because of stupid shit like this. you will have to pay all the towing and storage fees, and you may have to wait a certain amount of time before you can get it back per state law/PD policy. Did she have alcohol/drugs in the car? is she underage?

If she had alcohol in the car, and is underage, Wellsley v. Kingston states the car MUST be impounded for no less than 24hrs, no matter who it is registered to.
She's 23, almost 24, and there was no alcohol or illegal drugs involved. Glad for that, or it'd definitely be worse.

(I wonder how bad she feels about this, because she's done dicked the whole family over with her stupidity- especially me.)
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Old 08-09-2013, 08:18 PM   #6
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Well...you can go pay the fees and get it out early I would imagine.
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Old 08-09-2013, 08:18 PM   #7
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Quote:
Originally Posted by Fenwick1993 View Post
Gotcha. Much appreciated. So there's no way we could get it out early at all, no going to the courts to contest it or anything?
who knows, there is still pieces of this story you are leaving out, or have not been told. If the ONLY reason they towed it is because she is under suspension, a licensed driver should be able to go get it right now.

I guess these were all questions for the officer while you were right in front of him.
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Old 08-09-2013, 08:21 PM   #8
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Originally Posted by 650H1 View Post
who knows, there is still pieces of this story you are leaving out, or have not been told. If the ONLY reason they towed it is because she is under suspension, a licensed driver should be able to go get it right now.

I guess these were all questions for the officer while you were right in front of him.
What would make them have to hold onto it, then? There was definitely no rugs or alcohol. She may be crazy, but she's straight-edge when it comes to stuff like that. Is it the number of times she has been caught driving suspended, maybe?
If you don't mind me asking, what do you have to do for them to have to take the car?
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Old 08-09-2013, 08:23 PM   #9
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Quote:
Originally Posted by Fenwick1993 View Post
What would make them have to hold onto it, then? There was definitely no rugs or alcohol. She may be crazy, but she's straight-edge when it comes to stuff like that. Is it the number of times she has been caught driving suspended, maybe?
If you don't mind me asking, what do you have to do for them to have to take the car?
it may just be department policy, that any arrests where a MV was used in the commission of a crime, said MV gets towed.

I like how your dad was quick to fire off comments about the cops not having the right to do certain things... when if his daughter just paid her fines/didnt drive like a gooch this situation would never have happened. If something like this happened to my sister, I guarantee she would NOT be calling my parents to tell them....
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Old 08-09-2013, 08:26 PM   #11
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Quote:
Originally Posted by 650H1 View Post
I guess these were all questions for the officer while you were right in front of him.
I didn't know the car was in my dad's name, so at that point in time, when I was talking to the cop, I figured there was nothing I could do. It was Dad that reckoned we might be able to get it out since it's in his name.
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Old 08-09-2013, 08:28 PM   #12
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Quote:
Originally Posted by Fenwick1993 View Post
I didn't know the car was in my dad's name, so at that point in time, when I was talking to the cop, I figured there was nothing I could do. It was Dad that reckoned we might be able to get it out since it's in his name.
as long as the registration for that vehicle are not under suspension, you should be able to get it out. call the officer and ask.
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Old 08-09-2013, 08:35 PM   #13
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Originally Posted by 650H1 View Post
it may just be department policy, that any arrests where a MV was used in the commission of a crime, said MV gets towed.

I like how your dad was quick to fire off comments about the cops not having the right to do certain things... when if his daughter just paid her fines/didnt drive like a gooch this situation would never have happened. If something like this happened to my sister, I guarantee she would NOT be calling my parents to tell them....
In my dad's defense, he wasn't rude at all about it, he just thought that they couldn't do it since it's in his name. He's furious too, and has tried to get her to stop driving like an idiot and on suspended. It's not Dad's fault she does this stuff- my sister's an idiot, and doesn't listen to any of us. Dad has nothing to do with that. He's just trying to scrabble to save our family because we are likely going to go down because of this. We have nothing, and he's trying to do everything he can to keep his job, which means getting this car back if at all possible. He's clinging to his last bit of hope, just trying to do what he can. We could seriously lose everything because of this. Everything. The house, the car, everything. Because we cant all function on one vehicle, and could likely lose our jobs because of this, and the fees are going to kill us. We have no money, nothing.
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Old 08-09-2013, 08:35 PM   #14
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Your dad can get it out. He has to report it as stolen.

This might be a problem for your sister, though.

Your dad needs to take the car away from her and your sister needs to stop driving. Here in San Diego, in addition to the car being in impound for the weekend at the least, she'd be in jail. Sounds like the cop was trying to do you all a favor.
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Old 08-09-2013, 08:38 PM   #15
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beg, steal or borrow and get that car back. thats kinda your family's 'lifeline'. well don't steal ok? lol. your genius sister needs a major reality check. if she's not part of your family's solution, then she's part of the problem.
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Old 08-09-2013, 08:38 PM   #16
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So because I find a stolen car I can't impound it because the driver isn't the registered owner?

Most likely the cop impounded the car BECAUSE your sister wasn't the registered owner, so because she got picked up for an offense in a car that wasn't her's, it go towed so the registered owner could pick it up.
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Old 08-09-2013, 08:39 PM   #17
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Quote:
Originally Posted by Fenwick1993 View Post
In my dad's defense, he wasn't rude at all about it, he just thought that they couldn't do it since it's in his name. He's furious too, and has tried to get her to stop driving like an idiot and on suspended. It's not Dad's fault she does this stuff- my sister's an idiot, and doesn't listen to any of us. Dad has nothing to do with that. He's just trying to scrabble to save our family because we are likely going to go down because of this. We have nothing, and he's trying to do everything he can to keep his job, which means getting this car back if at all possible. He's clinging to his last bit of hope, just trying to do what he can. We could seriously lose everything because of this. Everything. The house, the car, everything. Because we cant all function on one vehicle, and could likely lose our jobs because of this, and the fees are going to kill us. We have no money, nothing.
sorry to hear that. you should be able to get it out, just call the officer and ask what you need to do, or have your dad call. if i can give you any advice, at all, dont get mad at the cop, and dont act sarcastic, be as nice as you can, that really does go a long ways....
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Old 08-09-2013, 08:39 PM   #18
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Your dad can get it out. He has to report it as stolen.

This might be a problem for your sister, though.

Your dad needs to take the car away from her and your sister needs to stop driving. Here in San Diego, in addition to the car being in impound for the weekend at the least, she'd be in jail. Sounds like the cop was trying to do you all a favor.
Why does he have to report it as stolen? If she was given permission to drive the vehicle, it wasn't stolen. Also if dad doesn't wanna press charges on her for taking the car if she didn't have permission that he doesn't have to report it as stolen.
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Old 08-09-2013, 08:41 PM   #19
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Quote:
Originally Posted by FTD View Post
Your dad can get it out. He has to report it as stolen.

This might be a problem for your sister, though.

Your dad needs to take the car away from her and your sister needs to stop driving. Here in San Diego, in addition to the car being in impound for the weekend at the least, she'd be in jail. Sounds like the cop was trying to do you all a favor.
This is a wonderful way to have your dad thrown in jail. This is some stupid advice because your dad would be filing a false report.

Think of it this way... The vehicle was used during the commission of a crime. It was towed by a PRIVATE company (most likely as done here in SC), people don't work for free so you will have to pay the fees billed by the company. Said fees will vary dependent on the time it stays in their tow yard. Get it and get it quickly to pay the lowest price possible.
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Old 08-09-2013, 08:42 PM   #20
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Quote:
Originally Posted by FTD View Post
Your dad can get it out. He has to report it as stolen.

This might be a problem for your sister, though.

Your dad needs to take the car away from her and your sister needs to stop driving. Here in San Diego, in addition to the car being in impound for the weekend at the least, she'd be in jail. Sounds like the cop was trying to do you all a favor.
2x, here the cops are minimum arresting drivers and booking them for court dates. You may only see cells for an hour before getting a "Promise to appear" or bail but you still go.
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