Pulled over under suspicion of DUI. I was let go and not arrested or charged because I found a ride home. They towed my car. I'm afraid there may have been an old pipe (paraphenelia) for synthetic marijuana use in the glove box. When I go to get my tow release, will I be arrested? I don't think they searched my car, just had it towed.
State/Country relating to question: Illinois
Welcome and thank you for your question!Is the car being held at a regular tow yard or is it being held in a police tow yard?
A regular tow yard which is also a junk yard. I believe it's just the tow company that they use.
Thank you. Then you do not have to worry about being arrested. They do not have police officers there posted in wait for you. And the tow operators have no legal authority/ability to arrest or detain you.You should be fine. No worries.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Reply tab. If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
I would like to know more about the "why" of this if I can. For instance, what is the difference between a police tow yard and a regular tow yard? Is the police tow yard at the station itself. As I said, they let me go with no charges because I found a ride. They had not towed my car by that point. I believe they did a quick look around, but not a full on search. They actually only specifically asked for my keys so they could tow it. I'm going to have to go with my mother (embarassing) when we pick up the tow release and pay the impound fee and I just don't won't them to end up saying to me..."oh, and by the way."
Most tow yards are private owned and operated. The private people cannot arrest you. There will be no one there to arrest you. They're just going to take your money and release the car to you.However, before I gave you that answer, I didn't want to make any assumptions. That's all.~~ J.B.
Hopefully just one more question please (very pleased and relieved by your responses). I spend quite a bit of time with the officers at the station waiting for my ride because they didn't know where they were going. My car would have likely already been at the tow yard by the time I was picked up. If they had found it and fully searched my car, don't you think they would have mentioned it and likely changed their minds about letting me go or have at least asked if there was anything illegal in the car (which they never did at any point).
Yes, I agree with your observations. At this juncture, your car has been tainted because it has been accessible by others and anyone could have "planted it" if it were now discovered.~~ J.B.
Just as a 'what if', and thank you for your time. 5 stars. If they found it and took it, they wouldn't be able to prove it's mine by DNA testing/fingerprinting or anything like that as I literally haven't even touched it in months. Would not the same be completely degraded by this point?
I do not know when is the last time you actually touched it and what the condition of the prints would be. The prints do not degrade with the passage of time, but they can be obliterated, smeared, etc. from others. Not every fingerprint is readable. The real issue is who has had access to the vehicle to plant it.If asked about it, you can completely say that you have no idea what they're talking about and leave it at that.~~ J.B.
I have had people in my car in recent times that I do not know, but trusted enough to give a ride home and my glove box is unlocked. If asked, should I tell them I have given people rides home that I did not personally know. Could I tell them I have asthma (true, and no judgment please) and that I couldn't breathe it if I tried? Or should I just stick with "I have no idea what you're talking about."
You have a Fifth Amendment constitutional right to remain silent and you should exercise that right. I have no idea what you're talking about.~~ J.B.
Thank you so much. One general question, the owner of my car previous clearly had an affinity for purses with studs on the bottom and curbing the car (wheels scuffed) and they tried to blame all vehicular damage on me even though it was like that when purchased. Is there anything I need to worry about there, or do they have to inventory the car to prove they didn't further damage it (much like repair shops do before they take your car in to work on it)?
I'm sorry but I don't understand what information you're seeking on that one. You're just going to pick up your car from a private tow yard -- they are not going to care, you're not dealing with the police now.~~ J.B.
Handling criminal and probation matters for over 14 years.
I'm not dealing with the police anymore even though I have to go to the station to get my tow release and pay impound. Just to be clear.
Right. That's why those questions you are asking should not even come up at the pick-up.
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