March 2013 was a banner month for the Woodstock Vehicle Impoundment law. How so?
The police department reported to the City Manager (and the City Council) that it collected $16,000 in Impound Fees. That's 32 vehicles impounded.
I thought it was the record month, but it only tied March 2012. Originally, Chief Robert Lowen told the City, in his pitch for such a law, that he thought his Department would impound approximately 50 cars per year. If they impound 32 in one month, that's 64% of the year's estimate - in just one month.
I wonder if anyone in the City is analyzing these impoundments. Is anyone determining what violations are generating the tows? Is anyone following up to determine how much the tows are costing drivers? There are towing fee and daily charges. How much? And which officers are impounding the most vehicles? And what violations and drivers are being cited but not generating tows?
How many drivers are forfeiting their vehicles, because they cannot afford to pay the impound fees, towing charges and storage fees, plus the fines for the tickets? Is the Woodstock City Council proud yet?
How many drivers are forced to pay these fees and charges, even when their tickets are dismissed in court or plea-bargained down from impoundable offenses? The way Woodstock's law is written, even if your charge is dismissed, you can't get a refund of your $500 impound fee. You have to have a trial and be found Not Guilty.
That's what the City of Woodstock wanted, or it's what the municipal law firm recommended. And that is wrong!!! Apparently I'm the only one who thinks so.
It seems to me that the City shouldn't be just licking the gravy off the plate, but that it should have to do the dishes, too. In other words, the City of Woodstock (and all municipalities with impound laws) should be analyzing the impact on drivers and reporting its findings.
Are these impound laws really a deterrent against the violations that result in towing? I seriously doubt it.
You never know who is interested…
3 months ago
5 comments:
First of all I'm sure they would have to charge a fee for doing paperwork to reverse the impound process if your case is dismissed etc.. You know the same old game.
Ever notice that the laws against the public always have a penalty phase attached to them yet the State Police by law only have 30 days to issue a FOID card and if they don't it's your tough luck. Kind of a one way street.
I read in the NWherald awhile ago that the police departments get the money for the impound fee. Does anyone know if this is accurate?
These ordinances are an outrage. People need to sue to get them stopped. The section in the vehicle code that allows the recovery of "reasonable" fees requires that the tow in question was proper. The fact that some statute orordinance says to tow for violating it doesnt in and of itself make it proper. A town in california had to pay $15,000 in damages because they towed for only having a statute that said to and they didnt have a monatary interest in doing so. The 9th federal dist has several cases on this including Miranda v City of Cornealius. Readand enjoy
To continue my rant on this, what is essentially armed robbery by the towns doing this I found a case a little closer to home. It is from Illinois, US v Dugay. It also goes into whether or not a tow is constitutionally proper. Not looking good for the armed robbers in these towns enforcing these ordinances. Maybe a civil rights suit or an attempt at a civil RICO suit against these towns might wake them up.
All I can say is the 4th amendment is there for a reason. USE IT!!!!!
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