Was my car illegally towed?

I was FALSELY arrested last night for DUI (I wasn’t actually under the influence of anything,) 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. I gave a blood test so I’m certain that charge will be dropped. 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 park and ride in a marked parking space. But they towed it any way, in a park and ride that DOESN'T have a parking time limit. Is this considered unlawful towing because my vehicle was legally parked when it was towed?

8 Answers

Relevance
  • ?
    Lv 6
    8 months ago

    They always tow a car when the driver is going to jail. did they smell alcohol on your breath? In any case, it doesn't matter, They would have to give you a breathalyzer to back up any video. I wouldn't worry about the charge, I know it's inconvenient spending the night in jail, making bond etc, Hopefully thy messed up and that'll be the end of it.

  • 8 months ago

    Whether they have signs or not, the parking spaces at the park and ride are for people engaging in such activities (i.e. carpooling, shuttling, or taking mass transit). Those spaces aren't there to facilitate someone's car while they're sorting out their arrest.

    When you failed the officer's field sobriety test, that didn't make them automatically think you're under the influence. What it did was give them probable cause to arrest you for DUI. When you failed their (subjective) test, that's all they needed to arrest you. There was no "false" arrest. You gave the officer all the evidence they needed to arrest you.

  • 8 months ago

    You seem to have the wrong idea about what "false arrest" means. Just because you were innocent, that doesn't make it a false arrest. If the officer had a valid idea that you MIGHT be DUI, then it's a good arrest.

  • 8 months ago

    You WERE under the influence of the inability to properly function.

    There is NO SUCH THING as a 'park and ride' without a time limit.

    It is ALWAYS legal to tow the vehicle you were in control of when  arrested for ANYTHING, regardless of where it is parked.

  • How do you think about the answers? You can sign in to vote the answer.
  • 8 months ago

    No. Any time you are arrested, your vehicle can be towed and/or impounded.

  • 8 months ago

    It's not unlawful towing because you were arrested as a suspect of being drunk. After you go to court and you get released as not guilty if you want to hire a lawyer you can try to sue the police but good luck they have that power as probable cause

  • 8 months ago

    The law allows cops to give you a 'field sobriety test' (aka 'roadside sobriety test') and interpret the results completely subjectively.  I've read legal advice that you should never submit to a roadside sobriety test.  You should insist to be taken downtown and have blood drawn.  That's the only real, fair test of blood alcohol.

    The problem there, of course, is that the law goes by some level of blood alcohol, not how 'impaired' you are at the time.  It's not easy at all to measure 'impairment', but that's why you're being stopped in the first place.

    The article I read said that when a cop shows up in court to testify against you, he will ALWAYS say 'he stumbled getting out of the car'.  The only real evidence you have is the blood test!  Everything else is entirely subjective.

    You'd probably get your car towed anyway.  I don't think there's anything you can do about that.  There's probably even something in the police charter that says a cop can't be held responsible for that.  But getting a DUI is much worse these days, especially if it's not your first.

  • Scott
    Lv 6
    8 months ago

    No.  They have have suspected prescription drugs.

Still have questions? Get your answers by asking now.