5 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
Well, as your car was involved in several criminal acts it would be well within the rights of the police to take the actions you have outlined, both to collect evidence of those crimes and in endeavors to repatriate the car with its lawful owner.
However, there are a few things you need to consider. First, at some time you will be interviewed by police regarding your car's theft, you are the victim of a crime and should behave accordingly. If there may be "things" in the car that could leave you exposed to criminal charges you need to be aware that if you mention this or admit to them, that police can and will likely take action. In this regard you need to understand why the police attempted to pull your car over, if, as you say, it had not been reported stolen at that time. If it was being driven abnormally it could be as simple as that, but if they were looking for that particular vehicle then there may be more to worry about.
Taking the car to a impound locker, if it is possible, is standard procedure if they can't locate the owner. Be aware that police may also undertake forensic tests on your car, fingerprinting, etc, which is a very messy business. They also may not if they have a good idea regarding who was responsible. What you need to investigate is your financial liability and whether you can recover any costs you might incur. Often this is only possible after a person is convicted of the crime and you can ask the court for compensation. Your insurance company should be able to help.
citizen181 2018-06-03 12:06:11
Thank you for your reply.
The incident occurred 2 - 3 hours prior to the local police coming to my doorstep to ask whether I knew where my car was or not and to ask for my whereabouts all day (I was at home with mum and dad verifying that)
There were things found in my car but not to my knowledge (or consent) so nothing was ever mentioned by me obviously. When the police came and asked if I knew where my car was I advised them my partner had it, now my partner is in custody as they are accusing him of being the driver which it wasn't and he has four different people saying that it couldn't have been him as he was at work ?
I never was formally interviewed, they just asked me these questions when they came to my house that night...
I haven't incurred any costs financially due to the car being towed or held in a tow yard for a short period of time however the cost of my partner being in custody and refused bail is all too much!!
The following day during business hours (this is after the day of the incident) i rang the phone number that the cops from the previous night had written down on a piece of paper for me to call up about my car. The police officer I spoke to advised me that he wanted to speak with my partner and that they were accusing him of being the driver.
With my partner next to me freaking out, I rang our solicitor who rang that same police officer to arrange a meeting.
The following day my partner and I met our solicitor and walked in to the police station where my partner was immediately put under arrest and taken for questioning with our solicitor.
I waited 5 hours for them (i later found out it was a "no comment" interview as instructed by our solicitor) and finally my lawyer rings to advise me that my partner was being charged and refused bail??
That the police actually intercepted my car first and they approached my car and asked the driver for a name and licence. Who ever was driving stated correctly my partners name and the fact that he did not have a license which is also true. Mind you they had my partners wallet in hand going through it trying to find something with my partners name on it the police said. Then they've asked whoever it was to stop out of the car and the person has put my car in reverse and sped off which is when they started chasing my car.
I've since been able to retrieve his wallet and my car as you know, however theres money missing, and the rest of the money that was left in his wallet the police are saying are proceeds of crime, (which is not true and I have bank statements that can prove it) and also the police have my partners phone which was also left in the car plus some other items they claim are stolen. (Which they're not) The other thing that they found in my car was drugs. A traffikable amount of them and multiple kinds which has meant that combined with my partners priors (my partner has never evaded police, he has got a record involving drugs and driving matters but not evading police) as well as the police saying that they have identified him as the driver after seeing his picture on the vic roads data base and from his proof of age card found in his wallet, he has been arrested. Charged and refused bail whilst the whole time being a victim of this crime??
The bail Justice came out who also refused bail, and the following day at court our lawyer adjourned the bail app because he wanted time to get more evidence?
I do not understand how the police can do this with no evidence apart from the eye witness accounts of two policemen?
And I'm frantically trying to see how this could of occurred and how and what to do
Thanks for reading this long post!! I'm literally devastated.
There will be evidence from police dashcams, street and public cams etc..if and when required. The two policeman would be able to recognise the driver from when they pulled him over compared to any ID in wallet.
There are too many red flags that show your boyfriend was involved ( or he is aware of at least who had the car if it wasnt him ) - don't be so naive.
There is no footage and I would appreciate it if you did not call me naive. I am simply stating what I know and asking if in fact that the police are allowed to do this without any evidence, there is no dash can footage, there has been nothing and with my partner having multiple people who saw him at work and when he left? Also the brief does not mention another person being there, neither do the police so I assume this person was alone, but I'll check anyway
To answer your question, yes the police are allowed to do this, they have reasonable suspicion and they are allowed to investigate that suspicion and if that involved searching the car so be it.
From what you have said, I suspect that the probability was that your boyfriend or someone he gave your car to was involved.