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Unless they can demonstrate that the person who was in possession of the vehicle was authorized to use it when the accident occurred, or that unauthorized possession was gained due to the owner's negligence, then there is no basis to charge the owner the fee.
However, you may have to get the court involved to get the vehicle released without charge.
My first step would be to discuss the issue with the prosecuting/district attorney assigned to the case and see if they can help you.
they are saying that they had keys to the vehicle, but she still had her keys with her.But by no means did she give anyone permission.In fact, she called the police as soon as she woke up that morning.
Again, it doesn't sound as if they have grounds to charge her the fee in this instance.
The following we address as a sample motion for return of property that is filed in a case where evidence has been seized. The owner may have to get the court involved to compel the police department to release the vehicle without the fee:
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