Muskogee, OK asked in Civil Litigation, Construction Law and Small Claims for Oklahoma

Q: On title 47 section 901 I had only abandoned vehicle for two hrs or less do I have a law suite?

1 Lawyer Answer

A: This can dependent on who removed the vehicle and from where. If the vehicle was on private property then §901 would not apply and therefore the 48 hours that you are wanting to enforce is not applicable because the land owners rights supersede your vehicle rights. If the vehicle was removed by a law enforcement agency then the 48 hours is applicable. However §902 also states they can remove the vehicle immediately (not bound to 48 hours) if the officer has reasonable cause to believe a vehicle has been abandoned in a location which would be hazardous to the free flow of traffic or be highly susceptible to damage from vandalism or other harm. In other words if the officer can explain why it was a danger to leave it, either because of traffic or just protecting your car from vandalism, then the officer can act immediately. So in short, based on your limited facts, I would say you probably do not have a law suit. If you have more details then contact an attorney to assist you in this.

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