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Let's just say I have plans. None of the violations that authorize the
impounding apply to me (but that's not to say the cops aren't going to
try) The law is patterned after California's. California law provided
for a strict post deprivation hearing but the cops aren't providing it.
It has cost several jurisdictions some very expensive lawsuits. In
addition, something called "predatory" towing has developed. Tow trucks
come into store parking lots or apartment parking lots, see a car with
expired plates and tow it. No police report, no order from a cop. Two
towing companies (one of them does business here in Arizona I believe)
are now under criminal investigation.
So, all this law will do is create new fertile ground for LOTS OF
EXPENSIVE LITIGATION. Oh yea, and the threat that you have to pay to
get
it out of impound is a lie. All you have to do is sign a promise to pay
and the towing company has to cough up the car. Of course if you sign
the promise to pay under protest, it invalidates the promise to pay,
but
that's the towing companies problem. If they wish to ingage in
fascisim,
I say stick it to them. The towing company can't keep the car until the
towing fees are paid, since the cities already have a "per car"
contract
with the towing companies, and that fee is usually the normal fee
charged by towing company anywhere. To demand fees from the owner would
be double billing.
Look out kiddies, here we come.
g'day
>John W., how does this apply to your situation?
> Subject: [lpaz-discuss] safety my ass!!! its all about $revenue$ and
new excuses for the state to steal peoples property
>
>
> traffic safety my ass!!! its all about raising
> $REVENUE$. and of course letting the police state
> seize peoples property
>
>
> Original Article
>
> More vehicles are impounded under new law
>
> The rules governing vehicle impoundment
>
> Visit the Tucson Police Department Web site at
> www.ci.tucson.az.us/police and click on the impounded
> vehicle information under "hot topics."
>
> New rules in effect
>
> The law says a vehicle will be impounded for 30 days
> if:
>
> The person's driving privilege is canceled,
> suspended or revoked, or the person has never had a
> license from Arizona or any state.
>
> The vehicle is not insured as required by law.
>
> The person is driving a vehicle that is involved in
> an accident that results in either property damage or
> injury or death of another person, regardless of who
> is at fault.
>
> Starting Nov. 1, more rules will take effect. Vehicles
> will be impounded if:
>
> A person's driving privilege is revoked for any
> reason.
>
> The driver's license is suspended because of a DUI
> conviction.
>
> The license is suspended because the driver
> previously has been arrested for driving on a
> suspended license.
>
> The license is suspended for having too many
> violation points.
>
> The driver is arrested for extreme or aggravated
> DUI or being a minor under the influence of alcohol.
>
> The price for getting your vehicle back is high.
>
> Drivers now have to shell out at least $450 to have
> their impounded vehicles returned, including a
> mandatory $150 payment to the city's general fund and
> fees for towing and storage. That doesn't include the
> price of reinstating a driver's license, which costs
> about $35, and the cost of buying auto insurance.
>
> By Becky Pallack
> ARIZONA DAILY STAR
>
> Tucson police have impounded around 30 vehicles in the
> past 20 days under a strict new state law that
> requires police to seize crashed vehicles if the
> driver isn't insured.
>
> Police also have received a lot of phone calls from
> people wanting to know how to get their cars back,
> said Capt. George Stoner of the Tucson Police
> Department. The explanation is long, and online
> instructions cover five pages.
>
> Based on violation numbers from past years, TPD
> expects to impound up to 2,500 vehicles in the law's
> first year, Stoner said. In past years, officers
> impounded vehicles only for evidence purposes and
> probably seized fewer than 100 a year.
>
> The law is causing some pain for police, too.
>
> TPD has developed a six-page release policy, a new
> hearing process and four forms to accommodate the new
> law, Stoner said.
>
> Agency officials also have added a new sergeant
> position to oversee the processes. Sgt. Mary Kay
> Slyter will move from the South Side substation to
> fill that role.
>
> Officers who respond to crashes have to spend an
> average of 45 minutes longer at the scenes waiting for
> tow trucks and have to fill out the extra paperwork
> and help drivers understand what's happening to their
> vehicles, Stoner said.
>
> Parts of triplicate forms go to the driver, the
> tow-truck driver and the police.
>
> "It will tie up officers longer in the field," Stoner
> said, and that could mean less time for other
> investigations, especially for officers in the DUI
> squad.
>
> Contact reporter Becky Pallack at 629-9412 or
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