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Posted: 10/4/2005 1:56:14 PM EDT
Seems my idiot brother got arrested for DWI while driving one of my cars while I was at work.  Needless to say NCPD impounded the car. Best thing is this happened a week ago and he didn't bother to tell me until today...I was curious to know how much the impound fees are for the car per day...The car is a POS Wrangler I paid $200.00 for as a winter ghetto car to get to and from work, and I'm wondering if its even worth paying the impound fees to get it out. If I decide to let them keep it and auction it off will I still be responsible for the impound fees?

Just looking for some info before heading over to the Pct....
Link Posted: 10/4/2005 2:11:02 PM EDT
[#1]
I think the law was changed to allow the county to keep the car as long it belonged to the driver after conviction. There was a big outcry when leased cars and borrowed cars were impounded. I recently read a story about a guy whose friend drove his dad's car with under the influcence. It seemed the son did not know his friend was drinking. His dad's lawyer fought it out and won.
Link Posted: 10/4/2005 2:16:24 PM EDT
[#2]

Quoted:
Seems my idiot brother got arrested for DWI while driving one of my cars while I was at work.  Needless to say NCPD impounded the car. Best thing is this happened a week ago and he didn't bother to tell me until today...I was curious to know how much the impound fees are for the car per day...The car is a POS Wrangler I paid $200.00 for as a winter ghetto car to get to and from work, and I'm wondering if its even worth paying the impound fees to get it out. If I decide to let them keep it and auction it off will I still be responsible for the impound fees?

Just looking for some info before heading over to the Pct....


I can't answer for your specific jurisdiction, but the fees will probably be near $200.  Where I am, the PD hires different agencies to do the tows.  The tow companiy is the one that would require you to give them the title, if you decide to do that.  The PD requires that the car owner sign for the car, even if he no longer wants it.  Failing to do so is abandonment with fines for the owner.  

If you didn't miss the car for a week { I sure would} it is probably not worth it for you to keep.  You could save additionally on the insurance too.  Provided you had some.
Link Posted: 10/4/2005 2:18:43 PM EDT
[#3]

Quoted:
I think the law was changed to allow the county to keep the car as long it belonged to the driver after conviction. There was a big outcry when leased cars and borrowed cars were impounded. I recently read a story about a guy whose friend drove his dad's car with under the influcence. It seemed the son did not know his friend was drinking. His dad's lawyer fought it out and won.



Defman,

Thanks. I'm aware of the fact that they can't auction the car as he was not the owner, and he did not have permission to take the vehicle. My concern is over the potential fees that I, the owner, will incur when trying to get the car out of impound. As I stated earlier the car is only worth $200.00 and paying fees in excess of that is not worth the effort. I was curious as to whether I would incur said fees even if I decided to let them have the car and auction it off.
Link Posted: 10/4/2005 2:23:22 PM EDT
[#4]

Quoted:

If you didn't miss the car for a week { I sure would} it is probably not worth it for you to keep.  You could save additionally on the insurance too.  Provided you had some.



Thanks for the info. I didn't miss the car as I drive my Corvette during the spring/summer/fall, but I use the Jeep in the winter while the Vette hibernates. Either way I will need a second ghetto car for the winter. The question is, depending on the fees (which I have yet to inquire about), whether or not its worth getting the car back or just buying another winter ghetto car. Quite frankly, If I don't have to incur any fees if I let them keep it and auction it off, it they can have it.....
Link Posted: 10/4/2005 2:25:25 PM EDT
[#5]
Maybe they'll charge you you a one time fee instead. Did the cops notify you or the driver? I'm curious on how that works. If the cops didn't call you, then you wouldn't be liable for that. I mean, who would let someone that just committed a serious offense have the responsibility of notifying the owner?
Link Posted: 10/4/2005 2:28:30 PM EDT
[#6]

Quoted:
Maybe they'll charge you you a one time fee instead. Did the cops notify you or the driver? I'm curious on how that works. If the cops didn't call you, then you wouldn't be liable for that. I mean, who would let someone that just committed a serious offense have the responsibility of notifying the owner?



Good question as I was not notified that the car was impounded. I only found out after I asked my brother where the car was. Perhaps I might use that fact to my advantage and get the impound fees reduced to something reasonable, although I highly dubt it...This shit has to happen five days before I leave for the academy in New Mexico....
Link Posted: 10/4/2005 2:47:11 PM EDT
[#7]
You should have been notified but I doubt that will make any difference. You can pretty much guarantee that the cost of the tow and storage fee already exceeds $200. You will likely be responsible for the fees even after they eventually auction the car off. The storage fees will also continue to accrue until that takes place.

Sorry but you're likely to take an ass reaming on this one.

ETA: The impound company should have a disclosure form outlining all the fees. This assumes that NC uses private companies.
Link Posted: 10/4/2005 3:20:35 PM EDT
[#8]

Quoted:
You should have been notified but I doubt that will make any difference. You can pretty much guarantee that the cost of the tow and storage fee already exceeds $200. You will likely be responsible for the fees even after they eventually auction the car off. The storage fees will also continue to accrue until that takes place.

Sorry but you're likely to take an ass reaming on this one.

ETA: The impound company should have a disclosure form outlining all the fees. This assumes that NC uses private companies.



rkbar15,

Thanks for chiming in as your input is always on the money....Sadly, I think you are correct in that I'm going to get shafted on this one. I'll find out tomorrow when I go to the Pct.....If I have to pay the fees regardless of whether or not I want the car back, it looks like I'll pay them and keep the car......
Link Posted: 10/4/2005 3:52:53 PM EDT
[#9]
You can sign the car over to the impound company (NCPD uses private tow ops that bid the county contracts) in lieu of paying the fee(if they're willing to take the car). There is a schedule of fees availible at the precinct. They're not negotiable. Some yards will try to hit you with "extras", don't buy into the BS. If they try it, call the precinct impound clerk and let him/her know.

Whatever you do with the car, GET THE PLATES!

***Don't let your brother use your vehicles again. The next time the county will keep your car.****
Link Posted: 10/4/2005 3:58:55 PM EDT
[#10]
ChrisLE, 2 suggestions:

- Negotiate the fee with the impound lot (not likely to be successful)
- "Buy" your car at the auction.  You are probably willing to pay more than anyone else for it.
Link Posted: 10/4/2005 4:06:13 PM EDT
[#11]

Quoted:
ChrisLE, 2 suggestions:

- Negotiate the fee with the impound lot (not likely to be successful)



I'll try that first..

- "Buy" your car at the auction.  You are probably willing to pay more than anyone else for it.


I thought of that but I'll me gone for several months as of Monday. Might see if I can get a friend to buy it back for me as it isn't worth much. It's a  beat up 1988 Jeep Wrangler that is used strictly to get me to work and back in the winter....
Link Posted: 10/4/2005 4:32:07 PM EDT
[#12]

Quoted:
ChrisLE, 2 suggestions:

- Negotiate the fee with the impound lot (not likely to be successful)
- "Buy" your car at the auction.  You are probably willing to pay more than anyone else for it.



If the storage fees continue to accrue until the auction takes place won't he still be liable for them after applying a credit for the auctioned car? There is usually an auction fee as well that he will get reamed for. To make matters worse any amounts due after all is said and done will probably be turned over to a collection  agency.

These impound companies are usually pretty ruthless.  Hopefully this one will give him a break.
Link Posted: 10/4/2005 4:38:26 PM EDT
[#13]
RKBar15, good question, I don't know.  It could be either way - personal recourse or no recourse.
Link Posted: 10/4/2005 4:39:39 PM EDT
[#14]
The car will not be auctioned. The county didn't seize it for forfeiture. If you let it sit for months, the plates will "disappear" and you'll have major issues w/DMV and your insurance company.
Link Posted: 10/4/2005 4:44:18 PM EDT
[#15]
ChristLe,
It may be cheaper to consult an attorney.  If you know anyone who has a relationship with one they could give you a clear idea of your rights and responsibilities.  A lot of times impound yards play hardball but don't have a legal leg to stand on.  I know NC lost several law suits regarding their DWI impund program.
I would try and get the plates for the Jeep ASAP and file the form with the DMV.  Then drop the car from your insurance policy.  If you are not going to keep it.  Good luck dealing with the man.  Little brothers are great aren't they!
Link Posted: 10/4/2005 4:55:47 PM EDT
[#16]

Quoted:
The car will not be auctioned. The county didn't seize it for forfeiture. If you let it sit for months, the plates will "disappear" and you'll have major issues w/DMV and your insurance company.



I'll be going to the Pct tomorrow to get the form authorizing release of the vehicle to the owner. Then I'm off to the impound yard. If I get even a hint of anything fishy going on I'll leave it there, report the plates stolen (assuming they won't give them to me), and call a few lawyer friends of mine.

Personally, I think the fact that they have not contacted me (the owner) in 10 days is utter bullshit and nothing more than a ploy/stall tactic used by the impound yard to accrue additional storage fees......I will look into their legal obligation, if any, to notify the owner in a reasonable amount of time......If they plan on gouging me and making my life miserable I, too, will play some serious hardball via lawyers....This is such a bunch of bullshit!!! Its one thing to impound a car if the owner is the one who got arrested, but to harass the vehicle owner for the actions of another is nonsense....
Link Posted: 10/4/2005 4:59:20 PM EDT
[#17]
Report the plates stolen? I don't think so. You're going into an academy....smart move. Your trip out west will be interrupted by an arraignment in County Court. Get your brother to pay the fees.
Lawyer to fight this impound? Forget it. No grounds. IT"S NOT A FORFEITURE!
Link Posted: 10/4/2005 5:01:49 PM EDT
[#18]

Quoted:
Report the plates stolen? I don't think so.



Then what do I do if they do not allow me to take the plates? Remember, I leave on Monday for several months. The last thing I need is for my plates to 'disappear' in my absence.....
Link Posted: 10/4/2005 5:09:41 PM EDT
[#19]
This is the only thing I could find on the NC .gov site. I have no idea how or if this applies.

In addition, members of the majority also approved a local law imposing a processing fee in connection with the release of seized or impounded vehicles. The administrative fee that would be imposed by this local law would take effect in all circumstances in which Nassau County has taken custody of a motor vehicle by seizure, impoundment or otherwise in accordance with procedures authorized by law. New York City charges a $250 processing fee. This fee would work in conjunction with the new contract utilizing the services of an outside firm to legally process and auction off the cars that have been seized. It is estimated that this fee will generate approximately $60,000 in new revenue.
Link Posted: 10/4/2005 5:16:43 PM EDT
[#20]
The fees are: $75 for the tow, $10 per day for the first 7 days (including Sat+Sun), after 7 days they go to $15 per day, after 30 days they're $25 a day.
Doesn't sound like the car is worth the fees. Sign it over to the tow company, get your plates back. They WILL NOT give you the plates (nor do they have to ) if they think you're going to abandon the car at their yard. If the car is a real POS, they're not going to want it and you'll be stuck paying the charges.
Be smart, claiming the plates are stolen WILL get you arrested. You've posted on a public forum, how many Wranglers do you think were hooked in the last ten days?? It would take all of two minutes to track you down. There are more than a couple of NC PD members that read this forum.
Suck it up, pay (or have bro pay) the charges. It's cheaper in the long run.
Link Posted: 10/4/2005 5:39:33 PM EDT
[#21]
IM sent
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