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My fiance sister was pulled over in s car and did not stop.

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My fiance sister was pulled...
My fiance sister was pulled over in his car and did not stop for police. So when he seen her he pulled her over and put cuffs on her but did not arrest but towed the car. Now he has a pending ticket for failure to yield for blue lights when he was not driving his car.
Submitted: 2 years ago.Category: Criminal Law
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9/22/2015
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 119,606
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What was the legal reason he used for towing the car?

You said she was pulled over and she did not stop for the police. Why does HE have a ticket if he was not driving? Was he in the car?

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Customer reply replied 2 years ago
No he was not in the car when it was pulled over. He handcuffed her and said he was looking for the owner for unpaid traffic tickets. And also said that he was going to come to his job and get him fired and things like this. He let her go and didn't give her a ticket but he towed his car and he will not release it. There was nothing in his car for the officer to hold it.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your fiance needs to go to court on this then, since they may have grounds to charge him for the unpaid tickets, but not for a citation when he was not even in the car. He cannot be convicted of this. He also would have to get the court to order the release of his vehicle for improper impoundment and he needs to file a motion for replevin in the court to get the traffic court to order that release.

This is not something he is going to do without an attorney, and I know money is likely tight, but he will need one. If he cannot afford an attorney, he can go to the public defender's office for legal representation. The attorney is going to have to fight with the prosecutor (prosecutors will not speak directly with defendants in most cases) to get the release on the car, the dismissal on this ticket and work out some payment plan for the unpaid tickets. This is really the only way for him to get his car back and also to get out from this mess I am afraid.

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Customer reply replied 2 years ago
Why didn't he give his sister a ticket if she was the one driving?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago

Thank you for your reply.

An officer has discretion at all times as to whether or not to issue a citation to the DRIVER. He has no right to issue a ticket for a violation committed by the driver to anyone but the driver and this is why your fiance will get that ticket dismissed and his car released.

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Customer reply replied 2 years ago
OK. This ticket that is pending in his name for failure to yield for blue lights will be dismissed?
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago

Thank you for your reply.

Yes, the officer is likely trying to cover himself for unlawfully towing and impounding the car and if your fiance was not in the car he could not have failed to yield to any lights. Once this is done, you can consider suing the officer and department for a civil rights violation for depriving him of his property without due process as well and your fiance would need to discuss that option based on all of the evidence after the matter is over to see if there is sufficient basis to do so.

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Customer reply replied 2 years ago
OK. We have been trying to get in touch with the officer and the chief of police has been giving us the run-around about the situation. It will be a week tomorrow since they have had his car.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago

Thank you for your reply.

He has to go to court, the officer and chief are generally not going to be helpful I am afraid.

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Law Educator, Esq.
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