Was my car illegally towed?
I was arrested last night for DUI, ONLY because I failed the officers’ so called “field sobriety test.” They didn’t find any drugs nor alcohol on me, or in my car, nor did they even GIVE me a breathalyzer test. They just ASSUMED that because I failed THEIR field sobriety test, automatically means I’m under the influence. But my car was NOT parked on the side of the highway where it would be a menace to traffic. It was parked at a rest area in a marked parking space. But they towed it any way. Is this considered unlawful towing because my vehicle was legally parked when it was towed?
I was FALSELY arrested for DUI
The rest area which I stopped at, does NOT have a parking time limit
- SlickterpLv 78 months ago
Not illegally, towed, no.
- STEVEN FLv 78 months ago
Was my car illegally towed?
I was arrested last night for DUI
NO, it was 100% legal to impound the vehicle you were driving when you were arrested.
Note: A rest area IS part of the highway and is is NOT legal to leave a vehicle parted in a rest area unless you are using the rest area at the time.
Based on YOUR version of events, the arrest was MORE then justified. Try again when you sober up.
By the way BAL is legal PROOF of intoxication. Impaired driving is the ACTUAL offense. You can be legally CONVICTED of DUI with absolute proof there was ZERO alcohol in your system. The law say under the influence of ANYTHING impairing your ability to drive safely, including exhaustion.
- MatthewLv 68 months ago
There is a time limit on parking in a rest stop. taking and suing the police for an illegal towing well good luck with that they have got hundreds of witnesses on their side. And if they arrested you for being drunk that's probable cause. The law states that if you're using your vehicle in the commission of a crime it gets towed away. and being drunk and in possession of a motor vehicle well that's a towable thing. if you should happen to win the case you can try to sue for the impound fees and the towing but again good luck.
- random_manLv 78 months ago
There's nothing you can do about the towing. And frankly that's the least of your worries right now. You're facing a DUI charge.
To expand on my answer: Seriously, towing the car is a standard procedure if the driver is arrested. I'm afraid you're SOL on that. But as I said, you need to get over that and focus on the main issue: Your DUI charge. Whether you were "falsely" arrested or not, if you are charged, take it seriously. If the circumstances are as you describe, you might have a good chance of beating the charges. Get yourself a lawyer. The towing fee is probably small potatoes compared to the other costs you're looking at.
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- ANDRE LLv 78 months ago
Many rest areas do not permit overnight parking.
- DroopyLv 58 months ago
No many parking lots especially in a rest area will tow unattended vehicles. There's probly a sign somewhere there stating that. Next time don't drink an drive an you won't have to worry bout car getting towed. Or become a better drunk driver 😉.