QUESTION
Is it a legal and binding contract, when the officer said fine when I told him that it was going to cost him $20,000 if towed?
Asked on Nov 18th, 2012 on Criminal Law - New York
More details to this question:
I was getting arrested for driving on suspended, the officer was impounding my vehicle, I told him that it was my personal property and that it was going to cost him $20,000 if he towed my personal property, he responded by saying FINE, and proceeded to tow my vehicle “personal property away” would that be a verbal and binding contract?
8 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No.
Answered on Apr 30th, 2013 at 12:58 AM
John J. Carney
I must say that this is probably the most unusual question I have has in a long time. Certainly you can't be serious in thinking that he will pay you $20,000 or that it was a contract. Technically, a contract must be in writing over $500 and there must be "consideration" given. He was being sarcastic when he said "fine" and probably thought you were kidding or being rude. You are lucky he did not beat you up and then claim you attacked him. If you said that to many of the officers in major cities they would have been very upset with you. I would suggest that you be very polite with the next officer that arrests you.
Answered on Nov 26th, 2012 at 7:50 PM
Thomas Edward Gates
For a valid contract, there must be an offer and acceptance. You were not offering your car to him. He has a duty and right to repossess your vehicle for your failure to have a valid license.
Answered on Nov 22nd, 2012 at 6:39 AM
Michael J. Breczinski
NO. They have the right to impound the vehicle that you were using to commit a crime with. If you keep thinking hypertechnical you can think yourself into jail or prison.
Answered on Nov 21st, 2012 at 7:33 AM
Criminal Defense Attorney serving Syracuse, NY
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Christopher & McQuillan, LLP
No. The officer had a lawful right to impound your vehicle when you were caught driving it without a license. Accordingly, there is no cost to him or the municipality if the arrest was in fact valid.
Answered on Nov 21st, 2012 at 7:08 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I certainly hope this answer is not being asked as a serious question. In any event, statements made in jest, such as the officer's colloquial expression, are not binding for purposes of contact law.
Answered on Nov 21st, 2012 at 6:49 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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That is not a binding contract. It is standard procedure.
Answered on Nov 21st, 2012 at 6:22 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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That's pretty funny stuff! I fell off my chair laughing. "Binding contract," really what do you think? Not even judge Judy would hear your case!
Answered on Nov 21st, 2012 at 6:03 AM