Know Your Towing Rights: Things to Do and Things to Avoid!

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If your vehicle has been towed before because it was illegally parked, you needed some roadside assistance or for any other reason, you might already have an idea of how stressful and inconvenient the process is. But for those who haven't been in this kind of situation before, it's very important to know your rights when it comes to this situation. The reason for this is that state laws govern the towing of vehicles, and by vehicles it could mean cars, motorcycles, trailers and other forms of transportation that is both licensed and registered with the DOL, or Department of Licensing. So, here is one of the most common questions regarding the complexities involved in vehicle towing:

When can my vehicle be towed?

An impound is needed in order for your vehicle to be towed. This is referred to as a written order that allows a registered towing company to tow the vehicle in question. The person who requested for the service should be able to provide the company an authorization, signing the time and place of the ordered impound before a towing company could act. All law enforcement bodies should have and use the same impoundment authorization and inventory form€"deviating from the standard will invalidate the impound order.

There are two kinds of impounds: private and public. A private impound is used when the property owner of where the vehicle is illegally parked requests it to be towed because of various reasons€"you might be trespassing or that the spot may be reserved for customers or tenants only. Whatever the case may be, they will give the towing company the impound authorization. So, the towing business, along with its agents, is not allowed to sign it as the property owner's agent. Basically, they do not have any right to get a vehicle for impound unless authorized by the owner of the property. However, they might be able to tow your car immediately if you left it illegally on private property where someone is currently staying. Also, this could happen if you left it illegally on a private property that has proper posting€"this means that it's a non-residential, company-owned land with proper signs stating that unauthorized vehicles will be towed. The sign will also indicate the name of the towing company and their contact information. Still, even without prior notice, they could tow your vehicle any time of the day when you are illegally parked.

As for public impound, it is carried out by law enforcement agents or any public official that has the right authority over the public land where you parked your vehicle. Situations that could lead to a public impound could include: leaving the vehicle upon or on a side of the public road in such a way that it could pose as a threat for public safety; you parked illegally on the street or in a space reserved for people with disabilities without the proper license plate, card or decal; you left your vehicle on a highway for a day; you parked on a public street while your vehicle's registration is expired for one and a half month. Additionally, your vehicle could be subject to towing if you get arrested or charged with driving under the influence of drugs or alcohol, without a proper driver's license or with a suspended or revoked license.

For these scenarios, the best course of action is to have a word with your criminal defense lawyer about it. Most probably, if you are indigent, you will have a public defender assigned to your case. Actually, if your vehicle was impounded because you were driving with a suspended or revoked license, it could be held for up to one month as ordered by the agency concerned. If their records show that you are a repeat offender of such violation within the last half-decade, your vehicle could be held for up to two months. If you have been convicted for two or more past offenses, your vehicle will be held for three months. Worse, you will be liable to pay all the removal, towing and storage fees in order to have your vehicle returned. In any case, you can still appeal for reconsideration.

There could be times that the police may have your vehicle taken away, but the reasons for these might be rather obscure, so it is not given here. If in any case you see no good reason why they did it, talk to a lawyer to start an appeal as soon as possible because the law enforcement officer and the agency involved will not be liable for damages if it got impounded because you were arrested or charged for an invalid, revoked or suspended license. This only applies if the officer authorized the impoundment in good faith. So, you must be knowledgeable of whether authorities have or do not have the right to tow away your vehicle in a given circumstance. This way, you may be able to act accordingly especially for illegal towing, and you will also know what not to do to avoid penalties.
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