The Northwest Herald carried a long article yesterday about the administrative tow fees that are the rage of McHenry County. If you hurry, you can still read it online; click on the link. After a week, you'll have to figure out how to get around the Herald's desire to nail you for $2.95 to read it (hint: use your Woodstock Library card to access newspaper archives without a fee).
The article reports that 15 jurisdictions in McHenry County now nail drivers a extortion-level fee for "paperwork" connected with their arrest. In addition to the $500 fee common in many, if not most, of the municipalities, a driver will be forced to pay tow fees and, probably, storage before he can get his car or truck back.
One towing company told me that about 10% of the drivers cannot recover their cars, because they cannot afford to pay the costs. Municipalities require payment of the $500 "fee" (or a $500 bond) before releasing the vehicle, and then the driver or owner must cough up the tow fee and storage costs.
And all that before the case comes up in court. After all, at $40/day storage, how long will you leave your car in the storage lot?
An extremely unfair provision in Woodstock's ordinance is that you cannot get your $500 back, even if your case is thrown out of court. Let's say that the cop is sloppy about writing your ticket or the City's prosecutor realizes they really don't have a case. Let's say that the case drags on for 2-3-4 months' worth of continuances, and the City's prosecutor finally indicates that he doesn't intend to prosecute, and the judge then dismisses the case.
Can you get your $500 back? Nope! The lawyers for the City of Woodstock wrote the ordinance so that a driver or owner can only get his $500 back, IF there is a trial and IF the defendant is found Not Guilty.
So, if there is no trial, there is no refund. This is the same law firm that the City uses to prosecute cases.
Does the public really understand this?
How much has the City of Woodstock removed from the wallets of its own residents and others traveling through the City? The first impound fees were collected in February 2012 (from January arrests). In the first month "only" $2,500 was collected. At $500 each, that would represent five vehicles.
But then the Woodstock cops got with the program, and in March 2012 administrative fees of $16,000 were collected (for February arrests)!
Month of Arrest
2012
January $2,500
February $16,000
March $10,000
April $10,500
May $6,000
June $10,000
July $10,000
August $6,500
September $8,500
October $6,500
November $8,500
December $8,000
2013
January $5,000
February $7,500
In 14 months of the new ordinance, Woodstock has raked in $105,500!!! (The Woodstock police chief had estimated $25,000 in their first year of this fee.)
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3 comments:
Everyone who gets screwed with these should take a look at a federal ruling out of the 9th corcuit miranda v the city of cornelius. These towns could get a real awakening if this keeps up. I found another case where even though therewas a law on the books requiring a tow for specific offenses, a fedeal court said that isnt necessarily good enough to pass constitutional muster and it cost that city $15,000
Even the part of the illinois vehicle code that allows these fees at all says the tow must have been proper. If the tow does not meet 4th amendment muster it certainly cannot be proper.
It would certainly be interesting to know what a Department's policy is about letting the driver turn his car over to a licensed driver and summoning one to drive his car away.
Cities will say that they MUST tow the vehicle to avoid theft or vandalism, but a Release would cover such a concern.
For a towing rate of 200 vehicles/year, a City could store them free for the first five days, and cut a deal with the towing company for $100 tows, not $150-200.
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