Quote:
Originally Posted by Skooterbrah
Long story short, got popped allegedly "drag racing" a lightning few weeks back. Arrested on spot (they have zero radar etc. on me, just officers "sighting/word") Spend the night in jail and car is impounded.
Was on phone with lawyer today, and 2 weeks after the fact i'm still fighting to get my car back.... Sure i'll man up and pay the fine and take the hit on my points if i'm found guilty, but the way Denver is going about seizing my car.... How in the mother fuck is this constitutional/legal for them to do...
Info on the N&A law.
http://outreach.colostate.edu/bighor...ure%20(PP).pdf
And 5th amendment -
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
How can they even do this... I have yet to go to trial.... and Denver "Upon seizure (probable cause), all rights,title, and interest in seized property shall immediately vest in the state" pretty much owns my car and i have to pay a metric ton of $$ for a lawyer to get MY car back, and then another ton of $$ to have it released from impound. I was even told that if im cleared of charges, and found not guilty, that the state can still remain in custody of my vehicle for up to and including 6 months and I will STILL have to pay to have it released...
Any lawyers out there that can add a little insight to this? The gentleman i'm using isn't the greatest with communication, hence why I am venting/asking for info here. |
Back in my college days, I got in some similar trouble. My car was released to me the same day.
My advice - get a better lawyer. Not sure why you are using a lawyer who has trouble with communication.