When Can Police Tow Your Vehicle?

Law enforcement agencies can tow your vehicle for a variety of reasons, including if it is parked in an unsafe area, appears to be abandoned, or poses a threat to public safety. In some cases, the police may also tow your car if the driver is unable to lawfully drive it, such as if they have a suspended license or are arrested for a traffic violation. If your car is towed, there are steps you can take to get it back, but you may need to provide proof of ownership and valid registration, and you may be responsible for towing and storage fees. It is important to act promptly to minimize these costs. Understanding your rights and the specific laws in your state or country is crucial, and consulting a lawyer can be helpful if you believe your vehicle was unjustly towed or searched illegally.

Reasons for towing

A law enforcement agency can tow your vehicle for several reasons. The police can impound your car and use it as evidence if they suspect it was involved in a crime. They can also tow your car if it poses a public safety threat, such as being parked in an unsafe area or blocking traffic after an accident. If your car appears to be abandoned, the police may also have it towed and impounded.

If you are arrested for a traffic violation, such as driving under the influence (DUI), and no one else can drive your car away from the scene, the officers may impound it. Driving with a suspended license or without valid, up-to-date plates can also result in your vehicle being towed and impounded. In some cases, the police may impound your vehicle even if no crime has been committed. For example, if your car is leaking oil on your driveway, it may be considered a safety hazard and towed away.

Additionally, if your car is parked on private property without permission, the property owner can have it towed away. This includes residential and non-residential properties, as long as proper signage is posted. If your car is blocking entrances, driveways, or fire hydrants, it may be towed to prevent any potential hazards or interference with normal business operations.

It's important to note that the right to tow a vehicle is not the same as the right to keep it. If you believe your vehicle was unjustly impounded or searched illegally, you can seek legal assistance from a criminal attorney or consult resources provided by law enforcement agencies.

Vehicle retrieval process

If your vehicle has been towed, the first step is to find out where it was taken. Many cities have online portals where you can check if your vehicle has been towed, or you can call the non-emergency police phone line to find out. Once you know where your vehicle is, you can begin the retrieval process.

If your vehicle was towed by the police, you will need to contact the relevant department to find out how to retrieve it. In some cases, the officer involved may provide you with this information at the time of towing. You may need to obtain a release form from the police department before collecting your vehicle from the impound lot. This may involve bringing your driver's license and proof of ownership to the police station, where an officer will verify the information. If your vehicle was towed because of an ongoing criminal investigation, you will need to wait for any holds to be removed before you can retrieve it. You may also need to provide a photo of your driver's license, vehicle registration, and proof of insurance.

If your vehicle was towed from private property, you will need to contact the property owner or manager to find out where it was towed and how to retrieve it. In some cases, the property owner may have called a tow truck to remove the vehicle without notifying the police. In this case, you will need to contact the tow company directly to arrange for the release of your vehicle.

It is important to act quickly to retrieve your vehicle, as storage fees can accumulate, and vehicles left unclaimed for too long may be sold at auction. If you believe your vehicle was towed or impounded unjustly, you may be able to request a hearing or seek legal assistance to have it released.

Inventory searches

When a law enforcement agency tows and impounds a vehicle, they may perform an inventory search. An inventory search is a warrantless search conducted to record the contents of a car when it is taken into custody. The purpose of these searches is to protect the vehicle owner's property and to prevent accusations of theft or evidence planting against law enforcement. Inventory searches are intended to document the contents of the vehicle and are not conducted to gather evidence of criminal activity.

It is important to note that inventory searches can sometimes lead to the discovery of controlled substances, ammunition, stolen property, or other incriminating evidence. While this evidence may be admissible in court, it is essential to ensure that the search was conducted according to standard police department guidelines and was not merely a fishing expedition for evidence. If a person believes that their vehicle was searched illegally during an impound, they can seek legal assistance from a criminal attorney.

In certain cases, inventory searches have been contested as unconstitutional. For example, in a case in Illinois, an inventory search was found to be unconstitutional because the police did not specifically ask the defendant for proof of insurance, indicating that the search may have been used as a pretext to search the vehicle without probable cause. Additionally, the Supreme Court has commented that inventory searches should not be used as a generic excuse for a warrantless search, and law enforcement agencies should have clear policies in place to regulate these searches.

Towing fees

If your vehicle has been towed, you will likely be required to pay towing fees to get it back. The amount you will have to pay can vary depending on the state, city, or municipality where the towing took place.

In New York City, vehicles that are illegally parked are usually taken to the Tow Pound in the same borough from which they were towed. If your vehicle is not redeemed on the same day that it was towed, an additional overnight storage charge of $20 will be charged for each night the vehicle is held at the Tow Pound.

In Texas, a Vehicle Storage Facility (VSF) may collect from a car owner any fee that must be paid to a law enforcement agency, the agency's authorized agent, or a governmental entity. A VSF may not charge additional fees related to the storage of a car other than the fees listed above. A consumer who has had a private property tow or any tow from a traffic accident is entitled to receive a copy of the tow ticket, which must itemize each charge and must characterize the fees using the identical fee structure stated in the towing company's nonconsent towing fee schedule on file with the VSF.

In Massachusetts, the state police are able to set the maximum charges that partnered tow service providers can charge when conducting services on behalf of the state police. This includes scenarios such as a tow ordered by an officer or other public authorities. The maximum storage charge for a non-commercial passenger vehicle (defined as a capacity of 9 persons maximum) shall be $35 per 24-hour period when said vehicle has been involuntarily towed or transported by order of the police or other public authority.

Reducing Towing Fees

In some cases, it may be possible to reduce towing fees by acting promptly. For example, if you return to your car and it is being hooked up to a tow truck but is not fully hooked up and ready for towing, you can keep your car without paying a charge. If your car has already been towed, you can minimize storage fees by retrieving it as soon as possible.

Legal recourse

Law enforcement agencies can tow your vehicle in several situations, and it is essential to understand your rights and legal recourse options if this happens. The legal recourse for a towed vehicle can vary depending on the specific circumstances and the state in which the incident occurred. Here is some information on the legal recourse options available to you if your vehicle is towed by a law enforcement agency.

Understanding the Reasons for Towing:

Before exploring legal recourse, it is important to understand the reasons why law enforcement agencies are authorized to tow vehicles. These reasons can include:

• Public safety concerns: Vehicles that are parked in unsafe areas, appear abandoned, or pose a threat to public safety may be towed.
• Criminal investigations: If a vehicle is believed to be involved in a crime or may contain evidence, law enforcement may tow it as part of their investigation.
• Traffic violations: In cases of DUI, driving with a suspended license, or other traffic violations, the police may impound a vehicle if no one else is available to drive it away.
• Unregistered vehicles: Vehicles without valid registration, up-to-date plates, or proper documentation may be subject to towing.
• Nuisance or trespassing: Vehicles considered a community nuisance or trespassing on private property may be towed.

Now, let's discuss the legal recourse options available to you if you believe your vehicle was wrongfully towed or impounded:

• Consult a Lawyer: Consider seeking legal advice from a licensed attorney, especially one specializing in vehicle impoundment or towing disputes. They can guide you through your specific legal options and rights.
• Understand Local Regulations: Familiarize yourself with the local and state-specific laws regarding vehicle towing. Each state has its own regulations, and understanding these can help you identify if your rights have been violated.
• Review Inventory Searches: If your vehicle was searched during the impoundment, you may be able to contest the legality of the search. Consult a lawyer to discuss your options, especially if evidence of a crime was found.
• Request Vehicle Release: If your vehicle was impounded, you may be able to request its release. The procedure for seeking a court order varies by state, and a lawyer can assist you in navigating this process.
• Civil Litigation: In some states, such as Missouri, victims of illegal towing practices may file a lawsuit against the towing company to seek compensation for financial losses, towing fees, storage fees, and inconvenience.
• Small Claims Court: Depending on the specifics of your case, you may be able to file a small claims action. However, towing companies often require a waiver of claims when you recover your vehicle, which can complicate this process.
• Contact Law Enforcement: In some cases, law enforcement agencies may provide information online or through their departments about the steps to take when your car is towed and how to request its release.

Remember, it is essential to act promptly to minimize storage fees and potential complications. Keep records of all interactions with towing companies, law enforcement, and relevant parties, as these may be useful if you pursue legal action. Each case is unique, and consulting a lawyer licensed in your jurisdiction is the best way to determine the most appropriate legal recourse for your specific situation.

Frequently asked questions