I got a ticket last week and got my car impounded. I immediately came home and typed up from my memory a transcript of the events that occured. This is kind of long but you may enjoy the story.
Car wrongfully impounded by police
Thursday January 13th 2005
5:27 am
Leave for work and head down Columbia blvd. to get to I-5 south
5:30 am
I stopped for a train and was the first one in line at the crossing gate.
5:37 am
Train passes and crossing gates go up. I pull away from the crossing gate and immediately notice a police officer making a u-turn and turning his lights on. I pull over immediately.
5:38 am
Officer Lackey approaches my driver's side door and I roll down the window and he exclaims "What was that"?! Having no clue what he was talking about I said "What was what"? He then says "What was that back there"?! I tell him I have no clue what he is talking about and to tell me what answer it is he's looking for. He then says "fine, you wanna play it that way, registration, license and proof of insurance". I quickly grab him the information he is seeking and give it to him and he asks me to turn the car off and that he'd be back in a minute.
6:07 am
Another police car shows up and Officer Endicott approaches my driver's side window and asks me for my phone number. He then tells me it should only be a few minutes more for Officer Lackey to finish up the paperwork.
6:10 am
Officer Lackey approaches my driver's side door and asks me "Do you have any weapons on you"? I tell him that I don't have any weapons with me today. He then asks if I have a concealed weapons permit. I tell him "yes" and hand him the permit. He then tells me that "I'm required to show it every time I am pulled over". I told him that I was informed the only time I need to show it to a police officer is if I am carrying a concealed weapon with me. He then asks for my car keys and asks me to step out of the car and up to the sidewalk. I am then asked once more if I have any weapons on me and am patted down. Officer Lackey then hands me a ticket for exhibition of speed and informs me that since I have a hazmat endorsement on my driver's license that he is required to impound my vehicle. Dumbfounded I tell him that I was not creating an exhibition of speed and he informs me that he heard my tires squeal and high engine rpms when coming across the train crossing. I asked him how he thought it was possible for me to squeal my tires in an all wheel drive vehicle on dry pavement. He said he heard it whether it was on the train tracks or on the pavement he wasn't sure. I tell him I did not squeal my tires one bit and that he may have heard my exhaust or blow off valve or my waste gate. He informs me that there is no way an exhaust or blow off valve can make that kind of noise. I then stand there and he tells me I am free to go, and tows my car to the police impound lot.
6:18 am
While walking home I am in disbelief at how this police officer thinks I was exhibiting speed. I was 4 car lengths ahead of the rest of the cars that were waiting at the train tracks with me and was not racing anyone. I made it up to 35 mph before I was pulled over. The speed limit on Columbia blvd where I was pulled over is 45 mph. I never once squealed my tires or was trying to take off in an exhibition fashion whatsoever. This is truly a mistake on the officer's part and he probably heard my blow off valve which is rather loud which sounds like a high pitched whistle between shifts to relieve excess intake pressure.
Now I still feel so mad about this incident but let me shed some light on this. I own a 92 plymouth laser that is heavily modified but looks absolutely stock. It has full time all wheel drive and I have never been able to break the tires free on dry pavement at all due to limited slip differentials on the front and the rear wheels. The pavement was absolutely dry that day. I think the officer heard my loud blow off valve and thought that was my tires screeching.
I was thinking the best way to defend myself was make a video tape of my car being driven and how it sounds when the blow off valve releases between shifts. I swear I never took off like he described nor did I squeal my tires. I had to pay 400 bucks to get my car out of impound and am pleading not guilty. Im headed to the dmv to remove my cdl hazmat endrorsement this weekend as I no longer need it. The cop told me he had no choice but to impound my car cause of my cdl. Can I sue the police bureau if Im found not guilty to get my impound fee back its absolutely ridiculous and I cant afford it as a starving 29 year old student. Please let me know if you have any ideas that may help me out at all. Thanks for your time and the website space!! Regards, Sean
Car wrongfully impounded by police
Thursday January 13th 2005
5:27 am
Leave for work and head down Columbia blvd. to get to I-5 south
5:30 am
I stopped for a train and was the first one in line at the crossing gate.
5:37 am
Train passes and crossing gates go up. I pull away from the crossing gate and immediately notice a police officer making a u-turn and turning his lights on. I pull over immediately.
5:38 am
Officer Lackey approaches my driver's side door and I roll down the window and he exclaims "What was that"?! Having no clue what he was talking about I said "What was what"? He then says "What was that back there"?! I tell him I have no clue what he is talking about and to tell me what answer it is he's looking for. He then says "fine, you wanna play it that way, registration, license and proof of insurance". I quickly grab him the information he is seeking and give it to him and he asks me to turn the car off and that he'd be back in a minute.
6:07 am
Another police car shows up and Officer Endicott approaches my driver's side window and asks me for my phone number. He then tells me it should only be a few minutes more for Officer Lackey to finish up the paperwork.
6:10 am
Officer Lackey approaches my driver's side door and asks me "Do you have any weapons on you"? I tell him that I don't have any weapons with me today. He then asks if I have a concealed weapons permit. I tell him "yes" and hand him the permit. He then tells me that "I'm required to show it every time I am pulled over". I told him that I was informed the only time I need to show it to a police officer is if I am carrying a concealed weapon with me. He then asks for my car keys and asks me to step out of the car and up to the sidewalk. I am then asked once more if I have any weapons on me and am patted down. Officer Lackey then hands me a ticket for exhibition of speed and informs me that since I have a hazmat endorsement on my driver's license that he is required to impound my vehicle. Dumbfounded I tell him that I was not creating an exhibition of speed and he informs me that he heard my tires squeal and high engine rpms when coming across the train crossing. I asked him how he thought it was possible for me to squeal my tires in an all wheel drive vehicle on dry pavement. He said he heard it whether it was on the train tracks or on the pavement he wasn't sure. I tell him I did not squeal my tires one bit and that he may have heard my exhaust or blow off valve or my waste gate. He informs me that there is no way an exhaust or blow off valve can make that kind of noise. I then stand there and he tells me I am free to go, and tows my car to the police impound lot.
6:18 am
While walking home I am in disbelief at how this police officer thinks I was exhibiting speed. I was 4 car lengths ahead of the rest of the cars that were waiting at the train tracks with me and was not racing anyone. I made it up to 35 mph before I was pulled over. The speed limit on Columbia blvd where I was pulled over is 45 mph. I never once squealed my tires or was trying to take off in an exhibition fashion whatsoever. This is truly a mistake on the officer's part and he probably heard my blow off valve which is rather loud which sounds like a high pitched whistle between shifts to relieve excess intake pressure.
Now I still feel so mad about this incident but let me shed some light on this. I own a 92 plymouth laser that is heavily modified but looks absolutely stock. It has full time all wheel drive and I have never been able to break the tires free on dry pavement at all due to limited slip differentials on the front and the rear wheels. The pavement was absolutely dry that day. I think the officer heard my loud blow off valve and thought that was my tires screeching.
I was thinking the best way to defend myself was make a video tape of my car being driven and how it sounds when the blow off valve releases between shifts. I swear I never took off like he described nor did I squeal my tires. I had to pay 400 bucks to get my car out of impound and am pleading not guilty. Im headed to the dmv to remove my cdl hazmat endrorsement this weekend as I no longer need it. The cop told me he had no choice but to impound my car cause of my cdl. Can I sue the police bureau if Im found not guilty to get my impound fee back its absolutely ridiculous and I cant afford it as a starving 29 year old student. Please let me know if you have any ideas that may help me out at all. Thanks for your time and the website space!! Regards, Sean
