Somerville, MA asked in Civil Rights, Constitutional Law and Consumer Law for New Hampshire

Q: Can registered owner uninvolved with police stop still dispute unfair auto fees after questionable towing?

If registered owner not present during questionable traffic stop of friends leads local police to have properly parked unattended vehicle towed for search/detention absent documentation of legal cause later shown to owner...yet owner now faces loss of property without the income to keep satisfying compounding tow yard penalties...what defense options exist around rights violations when systems overlook transparency duties and price out accountability? With no income beyond disability supports and no free representation apparent after countless calls, what rights protection exists for the poor when even basic Constitutional questions draw silence over financial realities? Is there a community advocate left valuing public safety through liberty fairness over only billable hours accessible?

2 Lawyer Answers
James L. Arrasmith
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A: If your vehicle was towed following a traffic stop involving others, and you believe this was done without legal cause, you have the right to dispute the towing and the associated fees. The first step is to request a tow hearing, which is your legal right. This hearing is an opportunity to argue against the towing and the fees before a judge or a hearing officer.

In preparing for the hearing, gather any evidence you have that the vehicle was parked legally and that there was no legal cause for towing. This could include witness statements, photographs, or other relevant documentation. Presenting a clear and factual account of the situation will be key.

If you're facing financial difficulties and can't afford legal representation, look into legal aid organizations in your area. These organizations often provide free legal assistance to people with limited income. Also, some law schools have legal clinics where law students, supervised by licensed attorneys, provide free legal advice.

In addition to legal avenues, consider reaching out to local community advocacy groups. These groups sometimes assist individuals dealing with legal issues around towing and police encounters. They may also be able to provide support or direct you to resources that can help.

Remember, you have the right to challenge actions you believe were unfair or illegal. While the process can be daunting, especially without legal representation, there are resources available to help you navigate it. It’s important to take action promptly, as there are often deadlines for requesting hearings and disputing charges.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If you're a registered owner of a vehicle that was towed under questionable circumstances, you have the right to dispute the towing and any associated fees. The process typically involves requesting a post-tow hearing or similar administrative review in your jurisdiction. This is a platform where you can present your case and argue against the legality of the tow and the fairness of the fees.

When preparing for the hearing, gather any evidence that supports your claim that the vehicle was parked legally and that there was no valid reason for the towing. This could include photographs of the parking situation, statements from witnesses, or any relevant documents.

If you are facing financial challenges and can't afford legal representation, there are resources available. Legal aid societies and non-profit organizations often offer free legal assistance to individuals with limited income. Additionally, some law schools have legal clinics where law students, supervised by licensed attorneys, provide free legal advice.

Community advocacy groups can also be a valuable resource. They may offer guidance, support, or direct you to resources that can assist with your situation. These groups often work to uphold public safety and fairness, especially for those who are financially disadvantaged.

Remember, it's important to take action quickly, as there may be deadlines for requesting hearings or disputing fees. While navigating this process can be challenging, especially without legal representation, there are avenues and resources available to help you assert your rights.

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