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LawTalk
LawTalk, Attorney
Category: Traffic Law
Satisfied Customers: 35402
Experience:  I have 30 years experience in the practice of law, including representation of clients in Traffic Court.
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My car was towed from in front of my house at 3 in the

Customer Question

My car was towed from in front of my house at 3 in the morning for expired tags when I heard the noise I went out to see what was happening.The officer said it was being towed for expired tags I asked why it hadn't been ticketed first so I would know it was a problem since I don't have a driveway to put it in. I just need to know if it is legal to tow a car without ticketing it first. I then found out that a warrant was issued for not being in court they finally reset it for tonight even though I never got a ticket
Submitted: 1 year ago.
Category: Traffic Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The fact that a warrant was issued means that there was a citation issued at some point in time. The citation was no doubt placed on your car (under a wiper blade) and left for you. It is certainly possible that the citation was taken by a passerby and that you would not have had actual notice of the citation.

When you failed to appear at the time set out on the citation for the hearing---because you never saw the citation, the judge issued a bench warrant for you.

Towing of a vehicle that has expired plates is at the discretion of the officer. They may leave a citation or tow the vehicle. So yes, unfortunately, the officer had the legal right to have the vehicle towed from the public street. I am very sorry.

While you appear to have a valid reason for not appearing at the hearing, and the warrant will be recalled by the court and you likely will face no penalty for the failure to appear originally, it is possible that you will be assessed a fine for having an unregistered vehicle on the public roadway.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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