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chitown · Jan 28, 2008, 01:16 AM

Hi,

My husband was driving my vehicle and the police were performing random stops one early morning. His best friend was with him at the time. The police officers searched both my husband and the friend. They found nothing on my husband who was driving my vehicle but did find a $5 bag of marijuana on his friend. Because of the one bag found on the friend, they took the friend to jail and had my vehicle towed which I've now found out will cost $1,000 to get back because of the drug found on the friend who was in the car.

Is there something I can do to fight this? Although I was not with them in the car, the friend did not disclose, at least not to me, that he had a bag of weed on him. What recourse do I have of fighting this $1,000 towing fee due to drugs in the vehicle. Now keep in mind that the weed was on the friend who was the passenger.

excon · Jan 28, 2008, 04:34 AM

Hello chi:

I would pay it and then sue the tow company. Towing companies don't levy fines. Oh, I know they'd like to, but they can't.

Oh, by the way, the search was illegal.

excon

rpg219 · Jan 28, 2008, 05:41 AM

excon is right, as always :)... the towing company (who probably has a contract with the city dept) can not change the value of a tow due to why the tow was done. It all depends on their normal rate... plus how long it has been sitting there. As crooked as it is... they even charge for days that they are not open (it is legal unfortunately), so if it sat for the weekend that would make sense as to why it is so high.

chitown · Jan 28, 2008, 06:51 AM

Thank for responding. The vehicle was taken yesterday, Sunday. We called the same day because it is a 24hr towing service and the rate was $1,070. Each day for storage it goes up $70 they said.

Now I know that Chicago does have a noise and drug ordinance when it comes to vehicles being pulled over and subsequently towed the tow rate is substantially increased. But this happened in a Chicago suburb so it appears there ordinance is twice that of the city. My problem is that I just can't believe that the police could legally have my vehicle towed due to what the passenger had in his possession.

ScottGem · Jan 28, 2008, 07:40 AM

Consult an attorney, but I would be surprised if they were not within their rights to do so.

wolfcandy2 · Jan 28, 2008, 07:46 AM

Im from Chicago and have never heard of such nonsense in my life.I will say that the friend with the $5 in pot got what he deserved but the towing fee so high as that... no way would I take it

wolfcandy2 · Jan 28, 2008, 08:48 AM

Ex con think of it as the three strike rule caught three time its behind bars,not saying that it matters but its something to think about

twinkiedooter · Jan 29, 2008, 04:43 PM

The police were doing random stops and your husband had a bad case of tag you're it. The fact that the pot was found in his car regardless of just who's pocket it was in means that his car gets towed. If it proved to be an illegal search, then at least that charge can be thrown out. In the meantime, someone will have to bail out the car as it will cost a fortune at $70 a day.

You can call up the police department and ask them for the names of the other designated towing services they use for these tow away jobs and call up the other towing companies and see just what they would charge for this same secnerio. If the other towing companies would charge much less, then you may be able to sue the towing company in small claims court for excessive charges.