No Insurance ... Vehicle impounded

   / No Insurance ... Vehicle impounded #71  
Apparently, a police dept. is NOT included in the definition of "Public Official". I was in the towing industry for over 20 yrs, 12 as the owner of a towing service. The city Police Dept I towed for recieved a "cut" of ALL tows ordered by said police dept.(obviously, by their own rules) The general public frequently complained that we were charging too much for towing their vehicle, but when explaining how the police dept. get a portion of their monies........ I'm unaware of ANYONE ever complaining to the police that they were a rip-off for taking money out of their pockets. Interestingly, many times i got calls from the police dept., explaining it was ahard luck case........ and could we cut the citizen a break on the cost of the tow, but never, and i mean NEVER did the police dept. offer to not collect their cut.


Read the last paragraph of the information below which list New Hampshire as a state that frown on public officals receiving money.

Bribery
Bribery includes official bribery, which refers to the corruption of a public official, and commercial bribery, which refers to the corruption of a private individual to gain a commercial or business advantage. The elements of official bribery vary by jurisdiction, but generally are:

giving or receiving ...
a thing of value ...
to influence ...
an official act.
The thing of value isn't limited to cash or money. Courts have held that such things as lavish gifts and entertainment, payment of travel and lodging expenses, payment of credit card bills, "loans," promises of future employment, and interests in business can be bribes if they were given or received with the intent to influence or be influenced. Some state statutes might distinguish between felonies or misdemeanors according to the amount of illegal payment.

Proof of corrupt influence often involves demonstration that the person receiving the bribe favored the bribe-payer in some improper or unusual way, such as by providing preferential treatment, bending or breaking the rules, taking extraordinary steps to assist the bribe-payer, or allowing the bribe-payer to defraud the agency or company. It isn't necessary, however, that the prosecution or plaintiff demonstrate that the bribe-taker acted improperly; a bribe might be paid to induce an official to perform an act that otherwise would be legal, or an act that the official might have performed without a bribe. Bribery schemes involving these circumstances, however, are difficult to prove and lack appeal for prosecution.

Illegal Gratuity
An illegal gratuity is a lesser-included offense of official bribery. The elements of an illegal gratuity are:

giving or receiving ...
a thing of value ...
for or because of ...
an official act.
An illegal gratuity charge doesn't require proof of intent to influence. The statute prohibits a public official from accepting any payment of money or other thing of value other than his lawful compensation. In practice, the statute often is applied when relatively small payments - such as gifts or entertainment - are used to attempt to influence a public official.

Commercial Bribery
Commercial bribery may be prosecuted either as a criminal act or by a civil action. About half of the states have criminal statutes that prohibit commercial bribery. If a state doesn't have a commercial bribery statute, such schemes usually can be prosecuted under criminal fraud statutes on the theory that the payment of a commercial bribe defrauds the business owner of the right to an employee's unbiased and loyal services.

There is no federal statute prohibiting commercial bribery. However, such offenses may be prosecuted at the federal level as mail or wire fraud, or RICO or other violations. The elements of commercial bribery vary by jurisdiction, but typically include:

giving or receiving ...
a thing of value ...
to influence ...
a business decision ...
without the knowledge or consent of the principal.
The fifth element is included on the theory that a private business owner isn't defrauded if the owner knows of or allows employees to accept gifts, favors, or other payments from vendors or other business contacts.

Most state commercial bribery statutes are misdemeanors punishable by a jail term of not more than one year. Commer-cial bribery is a felony in Colorado, Kansas, Texas, Arizona (if the value of the bribe payment is $100 or more), and New Hampshire (if the value of the bribe is $500 or more). The New York commercial bribery law is a typical stature that makes it a misdemeanor to give or receive (or to offer or solicit) "any benefit" without the consent of the employer, with the intent of influencing the employee's business conduct. The Louisiana, Michigan, and New Jersey commercial bribery statutes confer immunity on the party to the scheme who first agrees to testify against the other party in a criminal proceeding.
 
   / No Insurance ... Vehicle impounded #72  
One of the biggest problems we have is the scofflaws who abuse the insurance system making the rest of us carry no fault and uninsured motorist insurance. In NY it is mandatory that you have insurance on a vehicle before you can register it. Then after a month or so the scofflaws don't pay the next insurance premium due. Their insurance gets canceled, The state gets notified and they continue to drive uninsured (which could go on for almost 2 years which is the length of vehicle registrations here) or until they are picked up for some moving violation or have an accident with one of us who are insured. Then we have to hire attorneys to sue these derelicts to get our own cars fixed, pay our medical bills if we were injured, etc. And most of the time they have no money anyway. They are usually ticketed, go to court and are ordered to pay a fine, have their licenses revoked, and then go out and continue to now drive both uninsured and with no license.
Every week I read at least 15 names in the paper who get caught again and again for uninsured, unlicensed, aggravated unlicensed, DWI, aggravated DWI, and a host of other charges but until they are put in jail they continue to break the law. If they have their vehicle impounded they just get another one.
 
   / No Insurance ... Vehicle impounded #73  
The newspaper reported that the Dallas police towed about 20 or more the first day the law was in effect on January 1st.
 
   / No Insurance ... Vehicle impounded #74  
Sorry about the loss. Most states in fact all states have to comply with the US Constitution. "An accused has the right to confront and question his/her accuser in a court of their peers". No witness to the crime, no prosecution. If the Officer saw the woman driving he could arrest her. I bet the woman said the car was driving itself at the time of the accident and she was across town visiting her sick mother.

The vehicle operator is the the sister of a Tenant at a building I was managing at the time...

I heard the crunch, walked out to see what it was and saw a woman just starting to drive off... two 10 year old kids on bikes said, "That Lady crashed your car"

The car looked like one I had seen dropping my tenant off on occasion... she said it was her sisters... I went to get insurance information... at first she denied it and I said I watched her drive off. The car was a rolling wreck, a 1971 Ford LTD with cardboard for a side window.

She refused to give me any info and the car didn't have plates... only an expired temporary sticker on the window...

Police said it was a civil matter and that's when I decided I had already wasted too much time.
 
   / No Insurance ... Vehicle impounded #75  
Gator, not sure if you are misunderstanding what i'm talking about. The police dept itself took a cut out of every tow they had ordered. The monies did not go into the pocket of individual officers, it went into the police dept's general operating fund to pay "administrative" costs. The police department also set ALL tow fees for any tow ordered by the city. No fee was based on what a towing services operating costs were, the fees were set at the discretion of the heads of the traffic dept. (within the police dept.).

The police dept. has never been engaged in the towing business, and therefore was not farmiliar with the costs and requirements of operating a towing service. Also, all towing services that provided service to the city were all forced to charge the rates set by the police dept., regardless of their overhead (whether it was viewed as too much, or too little). This would seem to me to make it unconstitutional for the police dept. to be setting prices for services provided by a private company. Afterall, i've not heard of the police dept. setting prices for electricians, plumbers, or lawyers.

Unfortunately, i sure didn't have the hundreds of thousands of dollars it would take to fight the police dept. One of the many reasons i'm no longer involved in the towing industry.
 
   / No Insurance ... Vehicle impounded #76  
And how much was gas then? Or a house? Or groceries? ;)

Figure Gas and a House is about double now then it was then...

No idea on groceries... except way more than double.
 
   / No Insurance ... Vehicle impounded #77  
The police department getting a "kickback" no mater how they justify it is just wrong in my eyes. I wonder how many unnecessary tows were made to "help" any budgetary shortfalls:rolleyes:. I certinally cant blame anyone for getting out of the tow biz if they had to put up with that and having their prices set by the PD. Around here,all the tow drivers are on a list. PD dispatch calls the next driver on the list and they answer the call. That being said, as a motorist i can have a driver of my choice answer the call if i want.

Theres no question that all motorists should have insurance. Its required here. And proof has to be shown for vehicle registration. If you dont have it, you get towed. The officer MIGHT give you to the next day to provide proof at the office if hes feeling generous,but he doesnt have to.

My mother was just hit by a attempted hit and run. Luckilly one of the tenents at her appt noticed the accident and reported it. Dad had the side of his truck smashed at the airport pretty bad. Security said nothing they could do.A place like that with cameras every 5' and they saw nothing..... Riiight :rolleyes:Its all too common for "certain" people to not take responsibility for their actions. I would like the laws to be strengthened to if you leave the scene, or get caught without insurance, you should loose your license for a year on top of a big fine. Maybe that will teach these ones a little responsibility.
 
   / No Insurance ... Vehicle impounded #78  
I would like the laws to be strengthened to if you leave the scene, or get caught without insurance, you should loose your license for a year on top of a big fine. Maybe that will teach these ones a little responsibility.

There is an entire underground economy and way of life... where no law, fine, license or insurance requirement has any impact... UNLESS it results in jail time... and even then, some look at it as no big deal and a time to get catch up on medical treatment.

Many of the scofflaws, have no fear of the judicial system... as in my case, the police were unwilling to take action... and there are times were the jail is "Overcrowded" and those charged with lessor crimes are booked and let go... never to reappear.

I'm coming more the realization that laws are only effective in a law abiding society...
 
   / No Insurance ... Vehicle impounded #79  
The vehicle operator is the the sister of a Tenant at a building I was managing at the time...

I heard the crunch, walked out to see what it was and saw a woman just starting to drive off... two 10 year old kids on bikes said, "That Lady crashed your car"

The car looked like one I had seen dropping my tenant off on occasion... she said it was her sisters... I went to get insurance information... at first she denied it and I said I watched her drive off. The car was a rolling wreck, a 1971 Ford LTD with cardboard for a side window.

She refused to give me any info and the car didn't have plates... only an expired temporary sticker on the window...

Police said it was a civil matter and that's when I decided I had already wasted too much time.

Around here they would have locked her up for hit and run. I'm very surprised they told you it was a civil matter.
 
   / No Insurance ... Vehicle impounded #80  
Works for me, nothing like getting hit by some yahoo with no insurance.
 

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