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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23978
Experience:  9+ years defending Misdemeanor and Felony cases.
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My roommate got pulled over while driving my car 4 block

Customer Question

My roommate got pulled over while driving my car 4 block from my home for suspected DUI. This was immediately following him calling 911 to report his cargo trailer stolen from the driveway. The same officer who took the 911 call and made a report said
he smelled etoh and followed my roommate when he drove away from the house allowing him to make 2 turns through 2 stop signs before pulling him over. Rather than notify me and give me the opportunity to walk 4 blocks and get my car the officer had it towed.
He took my roommate to local jail and performed a breathalyzer test which registered 0.02 so was forced to release him. Is there any regulations that would have indicated that he should have given me the opportunity to retrieve my car if he knew I could respond
within 5 minutes?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.

Good morning. I certainly understand the situation and your concern. I am sorry to say but there is not. The Officer has the discretion, when making a DUI arrest, to allow the vehicle to be picked up by a family member or third party. Even though it was your car and you were letting your friend borrow it, there is no law, code, statute or regulation which says the Officer has the allow the owner to retrieve it, prior to having it towed, within a certain period of time. When loaning out your vehicle, to do so subject to the law, which allows a vehicle to be towed upon a DUI arrest.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  CrimDefense replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!