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Is it a crime for officers to ticket and tow a vehicle under false charges?
Here's the background:
Vehicle parked on a surface residential street. According to Washington state law, ticketing for an abandoned vehicle has to be done 7 days before the vehicle is towed... as such I was checking my vehicle every four days (it was parked in front of my apartment complex).
One day it was gone. Come to find out, the officer had ticketed the vehicle as "unattended vehicle: parked on a highway." This is OBVIOUSLY not true, but THAT charge means that they can tow the vehicle after 24 hours rather than 7 days.
So, obviously, I think this is criminal on the part of the officer... but what is the name of the crime and what is my recourse to file a complaint and have the ticket removed?
There is no court case for it.
Also, other vehicles are parked on this road all the time. Mine was the ONLY one which was towed. Obviously this isn't a case of "no parking is ever allowed on public roads"
Sorry: to clarify I mean that I pick drive the vehicle around once every 4 days and then park it, generally in the same location.
It may have been a "mistake" but that does not make filing a false charge legal. I *AM* considering suing the state, but what would I be suing them for?
More details: the vehicle was registered and had valid plates. It was not parked on private property. It was legally parallel parked on the street... along with about 14 other cars that are constantly parked there.
Here's what I'm looking for:
1) if I file a complaint against the officer, what would I file the complaint for?
2) If I decide to sue the state, what am I suing them for?
I want to know so that when I call a lawyer I at least know what to ask about...
4 Answers
- 1 decade agoFavorite Answer
Wait a minute, you "check" on your vehicle every four days? So let me get this straight, how many days in a row did it actually sit in the street without moving? I suspect it sat there for more than 7 days.
At any rate, if the situation is truly as you state, that's not a crime, it's a mistake. .
First step is to call up the PD and make a formal complaint. All complaints are followed up on so someone will get back to you. Write a letter or contact your city council members/representatives/aldermen/etc. Get them involved.
As a last resort sue the city.
Source(s): 14 years in LE - Anonymous1 decade ago
Some info is missing, such as: were there valid plates on the car? was it parked upon a street or roadway?
An abandoned, nonregistered (no valid plates) vehicle may be tagged on private property, in accordance with city ordinances or state law, and towed after a specified length of time. A nonregistered vehicle parked upon a roadway may be removed as a hazard to traffic, or deemed as abandoned, and subject to tow at any time.
Source(s): police officer for 27 years - KJLv 61 decade ago
the ticket says highway so it can be towed right away, but if it is not a highway it should not have been towed.
Just fight it in court.
