View Full Version : Three felonies and a burnt car
ahsan19
Apr 19, 2008, 08:38 PM
My brand new Acura caught fire in a middle of a McDonald's parking lot while I was ordering food from the drivethru. I got out of the car and watched it burn for another five minutes until the fire department arrived and put the fire out. I immediately called the Acura dealership and reported the incident. They sent a tow truck to bring it to their service shop. They started their investigation into the incident and gave me a loaner car to drive.
I only had liability insurance on the car but I was not too worried because the car was still under factory warranty from Acura.
After one week, I got a call from Acura, informing me that that cause of the fire was a piece of cloth that got stuck in the engine and since the source of the fire was an external object, it was not covered under factory warranty. This sounded like total bull to me and I started my own investigation into the incident by hiring a third-party mechanic. The mechanic thoroughly inspected my car and came to the conclusion that a defective wire harness started the fire.
I called Acura and told them what my mechanic had found out. They refused to accept his inspection and demanded that I return their loaner vehicle immediately.
At this point, I was ready to file a lawsuit against Acura and contacted a lawyer who specializes in lemon law to help me out with the situation. While I was preparing for a civil case against Acura, I got a call from the Manager at the local dealership threatening me that if I do not return the loaner car, they will call the police and report the car stolen. I told him that I am starting a motion in the court and will not return the car until the court proceedings have started. And asserted that since they gave me the car with their own consent they cannot report it stolen.
In the mean while, I went to the DWM and got new license plates using the registration information from my old car. I took the dealership plates off from the loaner car and put my own plates on it to avoid getting pulled over in case they had contacted the police. However, I was too scared to drive the loaner car and decided to just park it in my garage until I get a decision from the court.
Two days later, three cops showed up at my apartment and took the loaner car and arrested me for putting false plates on the car. They didn't have a search warrant or anything. I was charged with a total of three felonies all involving fraudulent use of license plates, improper display of license plates and disguising the loaner car's identity.
I stayed in jail for one night and got out on a signature bond. Next day, I hired a lawyer and have been on five court dates already. I have already paid $4000 to the lawyer and will pay another $6000 if this goes to trial. My lawyer thinks that he can have the felony charges dropped but I am too scared . I can't stop thinking about the possible outcomes of this case if it goes wrong. I have a great job, a great family and a pregnant wife. I simply cannot afford to go to jail. Even if I get out of this, I would still be making payments on my burnt car for another 4 years.
My lawyer thinks that the worst outcome of this case is felony probation. What can I do to get out of this?
SteveWard3928
Apr 20, 2008, 02:21 AM
Hmmm. Sounds like you are behind the 8 ball my friend. 1) I would not publicly post anything about your intention or misintentions on a board. As you already admitted you wanted to decieve the car company concerning the loaner car. With all three charges being felonies be glad you might receive probation. It will not be the end of the world.
It will however,
Make it more difficult to find a decent job. As time passes there will be more opprotunities. I know because I have 2 felonies (both probation (1994 & 2001)) on my name.
Both are related to the nursing field (Ohio)... and no I did not kill my patients (haha). I am still practicing nursing today.
Are you in college or another type of education institution? It is favorable when you are. Are you on any pre-trial probation? If so DO NOT MISS 1 WEEK of reporting in. Dress nice in court... and unless your attorney tells you otherwise own up to what you have done.
Personally I know a judge who's patience has run out.. when it is obvious the defendant committed the crime and still denies it. No reponsibilty assumed by the defendant.
Also I have personally found out that you can even get a job with the U.S. Post Office and have a felony. There is a website that states they do not hire felons, which is untrue. USPS looks at each felony individually and the circumstances it was committed in... then makes an individual decision. I hope this helps you and your nerves. Steve
Fr_Chuck
Apr 20, 2008, 06:18 AM
Why in heavens name when they asked for their loaner car back did you not just give them the car. That is both the legal and moral thing to do.
First you may not have been changed with stealing the car in some states, but in others, keeping a rental car after it is suppose to be returned is a separate felony crime also. But at least they did not charge you with that.
But let me see, you falsely got license plates, and put them on the wrong car, ( and knew you were doing it illegally)
Why has your attorney not made a plea bargain for you, they obviously have all the evidence they need to convict you, plates on the car.
Next what if the world did you not have full coverage, that is just stupid and most loans require it. And not all warranty things will cover everything that can happen to a car.
It is time that you take responsibility for what YOU did wrong and admit some fault. Until you do that the court will not take kindly to you esp if proved at fault
So the best ting you can do is listen to your attorney but understand that your attitude toward the crime will make a difference to the judge
excon
Apr 20, 2008, 07:03 AM
Hello:
What can you do?? Listen to your lawyer. For better or worse, that's where you've cast your lot. If you shopped well, he should be able to negotiate a deal, where you spend no time in the slam. The best would be you'll plead guilty to a misdemeanor. I think he's right about the worst - felony probation.
However, if you have a prick for a prosecutor, or you have a record, or if you live in a small town and the cops hate you, if, if, if, if... The possibilities are endless.
excon
JudyKayTee
Apr 20, 2008, 07:47 AM
[QUOTE=excon]Hello:
What can you do?? Listen to your lawyer. For better or worse, that's where you've cast your lot. If you shopped well, he should be able to negotiate a deal, where you spend no time in the slam. The best would be you'll plead guilty to a misdemeanor. I think he's right about the worst - felony probation.
However, if you have a prick for a prosecutor, or you have a record, or if you live in a small town and the cops hate you, if, if, if, if... The possibilities are endless.
And I would add NOT to post in so much detail on a public board - it's a small World and this could very well come back and bite you. Fairly recently someone went on and on about a Court case, I responded, more explanation, more response... and then I recognized the matter and realized I had knowledge from the other side.
Not a good idea to post anything incriminating.
And I have to agree - trust the Attorney. Sounds like some bad decisions on your part that you just may have to pay for.
twinkiedooter
Apr 20, 2008, 08:16 AM
Lesson well learned here (I hope). Always have full coverage on a new car. Warranties can and will be denied if the car manufacturer so chooses.
Never keep any loaner car any longer than necessary. It is their car and you were given the car as a courtesy - not a given in this instance. Huge mistake on your part.
Never think you can outwit a car dealer putting fake tags on a vehicle. They know all the tricks people do.
Paying money for an attorney can be rather pricey. With the money that you paid the attorney to defend you on this case you could have gotten yourself another vehicle (not a new one but at least something) in the meantime while you tried to sue them for the car's malfunction and catching on fire.
You can save yourself an instant 6K if you plea bargain your way out of a trial. What is your defense in this matter? I, for one can't see ANY defense at all, sorry. Best to take whatever plea bargain offered you at this point as you didn't leave much for your attorney to work with at a trial scenerio.
JudyKayTee
Apr 20, 2008, 08:24 AM
My brand new Acura caught fire in a middle of a McDonald's parking lot while I was ordering food from the drivethru. I got out of the car and watched it burn for another five minutes until the fire department arrived and put the fire out. I immediately called the Acura dealership and reported the incident. They sent a tow truck to bring it to their service shop. They started their investigation into the incident and gave me a loaner car to drive.
I only had liability insurance on the car but I was not too worried because the car was still under factory warranty from Acura.
After one week, I got a call from Acura, informing me that that cause of the fire was a piece of cloth that got stuck in the engine and since the source of the fire was an external object, it was not covered under factory warranty. This sounded like total bull to me and I started my own investigation into the incident by hiring a third-party mechanic. The mechanic thoroughly inspected my car and came to the conclusion that a defective wire harness started the fire.
I called Acura and told them what my mechanic had found out. They refused to accept his inspection and demanded that I return their loaner vehicle immediately.
At this point, I was ready to file a lawsuit against Acura and contacted a lawyer who specializes in lemon law to help me out with the situation. While I was preparing for a civil case against Acura, I got a call from the Manager at the local dealership threatening me that if I do not return the loaner car, they will call the police and report the car stolen. I told him that I am starting a motion in the court and will not return the car until the court proceedings have started. And asserted that since they gave me the car with their own consent they cannot report it stolen.
In the mean while, I went to the DWM and got new license plates using the registration information from my old car. I took the dealership plates off from the loaner car and put my own plates on it to avoid getting pulled over in case they had contacted the police. However, I was too scared to drive the loaner car and decided to just park it in my garage until I get a decision from the court.
Two days later, three cops showed up at my apartment and took the loaner car and arrested me for putting false plates on the car. They didn't have a search warrant or anything. I was charged with a total of three felonies all involving fraudulent use of license plates, improper display of license plates and disguising the loaner car's identity.
I stayed in jail for one night and got out on a signature bond. Next day, I hired a lawyer and have been on five court dates already. I have already paid $4000 to the lawyer and will pay another $6000 if this goes to trial. My lawyer thinks that he can have the felony charges dropped but I am too scared . I can't stop thinking about the possible outcomes of this case if it goes wrong. I have a great job, a great family and a pregnant wife. I simply cannot afford to go to jail. Even if I get out of this, I would still be making payments on my burnt car for another 4 years.
My lawyer thinks that the worst outcome of this case is felony probation. What can I do to get out of this?
I am horrified that you can buy an Acura - or any other car - and the bank doesn't REQUIRE that you carry collision (fire/theft) insurance.
SteveWard3928
Apr 20, 2008, 03:20 PM
True. Acura is an expensive car, with Infinity (?), Lexis and so on. Why would you carry only liability insurance? If you can afford Acura payments you should be able to carry collision.
As far as trying to get out of this, you can't.
Deal with what you have done and learn from it.
ahsan19
Apr 20, 2008, 08:09 PM
I have a "not so great" driving history and my insurance payment was $300 per month. I could not afford paying that much for car insurance and also make payments on the car. Since I have never had an accident, I thought it would be OK to drive with liability only.
I did what I did because I was "literally" burnt as a consumer. I purchased an expensive car so I could celebrate my new job which I got right after college. I could have died in the car when it caught fire. The car was a year's worth of my salary and I saw it burn in flames and it was all finished in 5 minutes. I accept that I had no right to keep the loaner car after the dealership demanded it back, but I was doing so out of anger and frustration.
If your toaster breaks down under warranty, shouldn't you get a new one? Why not get a new car? I merely wanted to be able to drive the loaner car until a civil judge makes a decision whether Acura should honor their warranty. I did not think this would explode back in my face like this and I will be charged with multiple felonies.
I am willing to take responsibility in front of the judge for my actions but given the circumstances and considering the accusing party (Acura dealership) is actually the one selling cars with a fire hazard, it is important to understand that I took such actions out of extreme frustration and not because I like to deceive car dealerships.
"Coincidentally", after refusing to fix my car, Acura recalled the model of cars in February due to potential fire hazard as this article discusses:
Acura recalling 273,000 TLs to fix potential fire hazard | Automotive News Blog - Wide Open Throttle (http://wot.motortrend.com/6235625/recalls/acura_recalling_273000_tls_to_fix_potential_fire_h azard/index.html)
All I want at this point is to be able to go to work and move on with my life. Sending me to jail would be bad for me (of course) but also bad for Acura because I won't be able to make their car payments. It will also be bad for the tax payer because their money will be used to feed me in jail.
True. Acura is an expensive car, with Infinity (?), Lexis and so on. Why would you carry only liability insurance? If you can afford Acura payments you should be able to carry collision.
As far as trying to get out of this, you can't.
Deal with what you have done and learn from it.
ahsan19
Apr 21, 2008, 10:42 AM
Here are the pics of my car :(
The guy standing nearby is a third party mechanic who testified that the problem was with the wiring harness and the dealership is giving me a run around.
JudyKayTee
Apr 21, 2008, 01:17 PM
Here are the pics of my car :(
The guy standing nearby is a third party mechanic who testified that the problem was with the wiring harness and the dealership is giving me a run around.
Oh my goodness! You're lucky you didn't go up in flames, too - or your garage or house.
I didn't read back through the posts but did anyone suggest that you sue Acura?
This is shocking.
I still don't quite believe - although I do believe you - that you are able to finance ANY car without full coverage.
plonak
Apr 21, 2008, 01:50 PM
Wow what a tough situation.. Isn't it funny how easy it is for them to slap a felony on your record? I totally did not know that you could get in trouble for that... let alone a felony.. my goodness this country is SO messed up!!
Fr_Chuck
Apr 21, 2008, 02:05 PM
Wow what a tough situation.. Isn't it funny how easy it is for them to slap a felony on your record? I totally did not know that you could get in trouble for that... let alone a felony.. my goodness this country is SO messed up!!!
Actually no it is not that easy, first they have to be charged with the crime, normally with a grand jury deciding there was enough evidence to proceed ( depends on state) and then there has to be a trial, evidence produced and a jury of 12 people have to all agree the crime was committed.
But basically if the person commits the crime ( and in their posts they admit they did what they where charged with) it is fairly easy if they are guilty and caught with all the evidence needed.
JudyKayTee
Apr 21, 2008, 02:51 PM
Actually no it is not that easy, first they have to be charged with the crime, normally with a grand jury deciding there was enough evidence to procede ( depends on state) and then there has to be a trial, evidence produced and a jury of 12 people have to all agree the crime was committed.
But basicly if the person commits the crime ( and in their posts they admit they did what they where charged with) it is fairly easy if they are guilty and caught with all the evidence needed.
You don't need my validation but you are absolutely right - I was addressing the car fire only. As far as the charges... another story.