Legal Question in Legal Ethics in New Jersey
Car Impounded
On Feb 9 at 6:45 PM I was pulled over by the two very young NJ state police troopers for speeding on 287 (paced at 73 MPH in a 65 MPH zone). They asked for documentation. I could not find my insurance card but had my current policy which they would not accept. They found that my registration had expired last April (my renewal form was misplaced when I moved yo my home). They presented me with 3 summonses - speeding, no insurance, and an invalid registration. To my horror, they had my car (an Audi TT) towed and impounded. I was left at the next exit by the tow and had to call a taxi for the ride home after walking 1/2 mile to the nearest pay phone in the winter cold.
Was it improper for the troopers to impound my car and do I have any legal recourse?
Incidentally, I believe I was set-up by the two rookie officers. I had passed them 3 miles from where I was stopped where they were driving suspiciously slow on SR 22 right before the entrance to 287. I am a gay man (or as the former governor would say ''a gay American'') and have a colorful ''pride'' sticker on my car which they could not help but notice. I know in the state of NJ it is unlawful to be profiled because of your sexual orientation.
1 Answer from Attorneys
Re: Car Impounded
A copy of an insurance policy is not necessarily proof of insurance: it does not state whether the coverage is current; hence the expiration dates on proof of insurance cards.
The fact that you admit to speeding constitutes probable cause for pulling you over, also, with an expired registration, your tags (license plates) would have also been probable cause for the stop. Had your registration been current and you had a valid insurance card, your car could not have been impounded.
You may wish to challeneg the decision to impound the vehicle, however, the vehicle was unregistered(expired nearly a year) and without proof of insurance, and therefore could not be driven on the roads/streets/highways of the state, and cannot be abandoned on the side of highways. You might have difficulty proving that the police officers acted improperly if they followed Standard Operating Procedure and refused to allow an unregistered car drive away from a traffic stop.
Best of luck to you.
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