Legal Question in Criminal Law in New York

Unathorized parking on private property

Is it a criminal act to remove a boot from your car if you received the boot for

parking in a church parking lot overnight in the city of white plains in new york

state? The church called a towing company to put the boot on my car, there was

no police involvement, does that make it illegal for me to remove the boot

myself? and am I legally bound to pay the removal fine the towing company

demands?


Asked on 6/22/06, 2:39 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Unathorized parking on private property

An interesting question.

If the boot was installed by the government in its law-enforcement capacity, then I think that you cannot. (misdemeanor 'impeading official in duties).

But if a private person placed the boot, then you may.

However, the private person may still have a right to recover the boot and the parking owner may still require you to pay for a night's parking.

Generally6, you may not interfere with official government acts because that would create criminal liability but a private person's acts will expose you only to civil liability.

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Answered on 6/22/06, 4:09 pm


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