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ITOW > Towing News > Archives > 2003 > June 2003 Archive
Towing News Headlines
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June 28, 2003
June 26, 2003
June 25, 2003
June 22, 2003
June 20, 2003
June 17, 2003
June 12, 2003
June 9, 2003
June 6, 2003
June 4, 2003
June 2, 2003


How Much You Pay Depends on Where You Get Towed
June 28, 2003
 

WASHINGTON -- If only Sharron Montgomery-Cater's car had been towed in some other Seattle neighborhood.

But her husband, who had borrowed her car without her permission, had been driving in South Seattle when police stopped him and impounded the car for driving with a suspended license.

Sharron Montgomery-Cater stands near the driveway of her Kent home. Her car was towed by Columbia Towing and later sold at auction.

Under the contracts Seattle signs with towing companies for police impounds, Sharron Montgomery-Cater would have been charged just $2.77 for every 12 hours in storage fees had the car been towed north of South Lander Street.

But in South Seattle, west of First Avenue South -- where Montgomery-Cater's car was towed -- the storage fee is $13.44 for every 12 hours. Columbia Towing, which holds the contract for the area, billed Montgomery-Cater nearly $1,000 -- roughly five times more than she would have been charged had the car been towed downtown, on Capitol Hill or nearly anyplace else in the city.

To Mary Wolney, a public defender who represents Montgomery-Cater and other low-income people, charging people towed in South Seattle more than other parts of the city is unfair, considering the neighborhood has more low-income people who are less able to pay more.

"The whole system should be evaluated, in light of the incredibly disproportionate impact on people who are low-income and minorities," she said.

But Craig Leisy, the city's consumer manager, who's in charge of administering the towing contracts, said the city owns no tow trucks or tow lots and needs to contract with the private companies. By opening up the contracts to a competitive bid, the city ensures it gets the lowest rate for people who get their cars towed.

The difference in fees between neighborhoods, Leisy said, "is the result you get in free enterprise and trying to get the lowest cost." He said that in most of the city, people quickly retrieve their cars from tow yards, and the tow companies make little money from storage fees. As a result, Lincoln Towing, which holds the contract for most of the city, can charge relatively little in storage fees and makes its money by charging higher fees for actually towing the car.

Fees for private tows are not regulated by the city.

In South Seattle, cars tend to languish in the lots for longer periods of time. That means the companies have to maintain larger lots. More cars are also auctioned off and companies typically do not make back the fees they're owed from selling the cars. Although car owners are still responsible for paying their fees, even if their cars are auctioned, the companies often never get them to pay. Instead, Lincoln Towing makes back the money by charging the higher storage fees.

Jackie Currie, a Columbia Towing official, declined comment. Lincoln Towing manager Mike Bartolotti did not return phone calls.

Mel McDonald, the city's revenue and consumer affairs director, who oversees Leisy, said that if the city required the companies to charge less for storage, nobody would bid for the contract. He also noted that Columbia Towing charges $66.66 for towing each car, whereas Lincoln Towing, which serves Northeast Seattle, charges $83.15 per tow.

But Wolney said that doesn't mean much. Lower-income people have a hard time paying the initial towing fee, so their cars are more likely to sit in the lot racking up the high storage fees. Additionally, she said, lower-income people may have a harder time taking care of their outstanding tickets before the cars can be released. That also means they're more likely to be hit with the storage fees. And as the fees add up, it makes it that much harder for people who have less money to be able to get their cars out.

Montgomery-Cater, who worked as a medical assistant before going on maternity leave, said that's what happened to her. The city does not release cars for 30 days if the driver is stopped for second-degree driving while license suspended. By the time the 30 days were up, Montgomery-Cater had watched her towing and storage bill go up to nearly $1,000.

Had the car been towed elsewhere, the fee would have been much less. She might have been able to pay that.

But as she struggled to come up with the money she owed, Columbia Towing told her they'd auctioned off her car.

They told her they were taking the $200 they had gotten for the car off her bill. But she still owed Columbia $800. (Kery Murakami - Seattle Post-Intelligencer)

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Suspect Arrested for Burglary of Towing Company
June 26, 2003
 

ARIZONA -- According to police reports, officers were dispatched to Christan Brothers Towing in Coolidge at about 10 a.m. Sunday after a citizen's phone call.

Upon arrival on the scene, officers noticed an access gate facing Gibson Avenue had been damaged and was wide open, with half the gate attached to a tow truck on the property.

The owner of the business, Raymond Mack, Jr.,was called to the scene and reported two missing vehicles, a 2001 Ford F150 valued at $19,000 and a Border Patrol impounded 1997 Dodge Ram truck valued at $14,500.

Damage to vehicles on the lot also was noted, including a broken window on a 1987 Nissan Sentra, a broken sun roof on a 1992 Mazda Navajo and a damaged dashboard on a 1995 Plymouth Neon. Profanities were also scratched into the paint of a 1991 Nissan Pathfinder. The estimated cost of the damages to the vehicles was $11,850.

Mack told officers he had been having problems with a subject named Brandon Bolinsky. Police were able to find a footprint at the scene of the crime and to match to ones found at Bolinsky's residence.

Later, around 3 p.m., police received a call that Mack had spotted one of his vehicles, and was following the driver. After a short pursuit, officers were able to apprehend Bolinsky in the 2001 Ford F150, near Christian Brothers, just south of Palo Verde Avenue. (Coolidge Examiner)

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State Seeks Driver Fatigue Law
June 25, 2003
 

NEW JERSEY -- The New Jersey state assembly passed a law yesterday making it illegal to drive in that state if you have been awake for more than 24 hours straight. Gov. James E. McGreevey must still give his approval.

"Maggie's Law" would allow authorities to lodge vehicular homicide charges against drivers who cause fatal wrecks after going more than 24 hours without sleep.

Prosecutors currently have little discretion to try the cases as anything more severe than careless driving, an offense bringing a $200 fine and up to two points on offenders' licenses.

The proposed legislation is named after Maggie McDonnell, who was killed in a head-on collision in 1997 by a driver who had been awake 30 hours straight after spending all night in a crack house. The driver, Michael E. Coleman, did not serve any time and was fined just $200. (Thanks Tim)

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Tow Drivers Stung During Bee Truck Recovery
June 25, 2003
 

KANSAS -- It's a big problem with a particular kind of sting for clean-up crews. A tractor-trailer slid of a ramp linking Interstate 435 and Interstate 35 in the Kansas City of Claycomo, and overturned.

The flatbed rig was carrying a load of 520 beehives -- with something like 60 million occupants.

It happened shortly after 1:30 a.m. Sunday.

The truck skidded along a slick patch before coming to rest in the grass alongside the highway. The beehives, being hauled by driver Steve Beavers of Bartlesville, Okla., were knocked off the flatbed trailer and broke open.

No serious injuries were reported, although Beavers, firefighters, police and tow truck operators were stung repeatedly, Missouri Highway Patrol officers said.

"The wrecker drivers really got hammered," Beavers said Sunday night.

Throughout Sunday, Missouri Highway Patrol officers, Claycomo police and Claycomo firefighters alerted residents and closed the highway ramp.

Residents of the Northgate Mobile Estates mobile home park, within 100 yards of the accident, said they stayed inside during the day or left their homes.

"They're all over the trailer park. It's a mess over the whole general area," said Johnson, with A-Bee's at Killcreek Farm, a company near Olathe that specializes in bee control.

Bees that attached themselves to fire trucks even ended up back at the Claycomo Fire Department on Sunday afternoon.

About 7 p.m., the bees started to settle as the temperature dropped. Johnson donned protective gear and got busy.

His job? Set the hives back up, scoop up the bees -- sometimes in handfuls -- and get them back in the hives.

Sunday evening, Johnson waded into the 50-foot-long pile of beehives, setting hives back up and putting bee-covered frames back into the hives. Bees swarmed around him as he worked.

Although thousands seemed to swarm, Johnson said some might have taken off during the day. He said the job had to wait until the evening, when the weather cooled and bees landed for the night.

Beavers, the driver, said the bees were coming from Millerton, Okla., and were on their way to Wisconsin, where they are to pollinate cranberry fields. A northern Iowa family owns the bees, and moves them from Iowa to Oklahoma in the spring.

Beavers, who teaches truck and school bus safety, said he was driving for a friend who owns Jimmie Tucker Trucking of Broken Bow, Okla., the firm hired to move the bees.

He said that because the company's regular drivers don't like to haul bees, he has done it for three summers.

Claycomo firefighters said the curve on the interstate ramp often is the site of rollovers when the roadway gets slick in early morning hours.

Beavers said a woman and her husband stopped to help less than a minute after the accident.

"She asked,`What are these insects?' " Beavers said. "I told her `bees,' and she said,`I have to go.' "

Beavers kicked the windshield out to get out of the truck.

He said his boss would bring another rig in today to continue the trip to Wisconsin.

Johnson, of A-Bee's, said most of his jobs involve getting rid of swarms for homeowners. The company handles up to three swarms a day, he said.

The highway crash was an interesting change of pace.

"It's an exciting job. You don't get this very often," Johnson said. "I'll work all night if I have to."

Beavers said the Missouri Highway Patrol cited him for the accident. (Kansas City Star and Associated Press)

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Tow Operators Upset Over City’s Tow Policy
June 25, 2003
 

TEXAS -- Some Texas City wrecker drivers say they are upset with the way the city’s police department is handling the wrecker rotation lists.

Some wrecker company owners said the police department is randomly enforcing a city tow truck ordinance, and allowing unfair competition from other wrecker drivers.

They said that newer companies are being allowed onto a rotation list that police use to assign work without having to undergo the same requirements they had to meet.

“It’s a frustrating, never-ending saga over here,” said Darrell Bean, owner of Bill’s Wrecker service on Texas Avenue.

The police department feels the same way.

“They complained when we started regulating them, and now they’re complaining because we aren’t regulating them,” said Capt. Ronald Berg.

Berg said the federal government has forbidden the city from regulating tow truck companies.

“The only thing the city can regulate is the price of a nonconsent tow performed by wreckers,” he said.

The city can also establish a nonconsent storage fee and nonconsent tow list. A new tow truck ordinance will be submitted to the city commission for approval soon, said Berg.

In the meantime, Earl McDonald, owner of A&E Wrecker Service, said the city should enforce the ordinances on its books.

He said officers should not be allowing wreckers at accident scene unless requested by police.

And he complained that officers were not providing motorists with forms allowing them to choose the wrecker service they want.

Berg said federal deregulation of the towing industry won’t allow the police department to regulate what wrecker comes to the scene of an accident, only that the wrecker not interfere with the crime scene.

He also said the police department also could not stop wrecker companies from negotiating business with people needing tow truck services.

Berg said a city mechanic inspects all trucks in the police department’s rotation and that the application, insurance and equipment requirements do not differ for a particular company.

Some wrecker drivers say haphazard and selective enforcement has allowed competitors to grab extra slots in the rotation.

Bean said he tried to get multiple slots on the rotation list in the name of another tow truck company he would’ve owned in 1999, but was turned down by the city.

Now, Danny Bell, owner of Bell’s Towing, said that he plans to have eight slots on the rotation list by the end of July. The slots will belong to different companies owned by Bell.

“As long as all your licensing is legitimate and is legal, I don’t see what the problem is,” he said.

Berg said the police department does not arbitrarily decide who makes the rotation list.

“If a new hamburger joint opens up in town, we can’t tell them that they can’t open because we already have other hamburger joints,” he said.

McDonald, who also has multiple slots on the rotation list, said that because the city did not uniformly enforce its ordinance, the work for the rest of the wreckers in the city will be diluted. (Alicia Gooden - The Daily News)

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Towing Companies Plagued by Abandoned Cars
June 22, 2003
 

NEW JERSEY -- Abandoned cars have long been a problem in Phillipsburg, but recently they have also become a hassle for local towers.

Because of the current setup, the towers are losing money. And Tuesday, one company owner asked council to remedy that problem by charging heftier fines for abandoned vehicles.

Last summer, Phillipsburg police officials devised a new plan to rid the town's streets of unsightly abandoned cars. Rather than deal with the junk cars on a call-only basis, enforcement became part of officers' routine patrol duties.

Town law states that no unregistered vehicle can be left on the streets, or on a resident's private property. If in violation, the owner can be summonsed and the vehicle can be towed.

With this new plan, the number of abandoned cars given summons and towed skyrocketed.

In the past year, Pat Rossnagle, of Rossnagle's Service Center, said he has towed about 80 junk cars. Last week alone, he towed eight.

The town's other two towing companies, which rotate with Rossnagle's on a weekly basis, Warren Brake and Tire and H & K Auto Body, also tow abandoned cars during their weeks.

While the removal of all these junk vehicles has been good for the town, Rossnagle said it has been detrimental to his Phillipsburg business.

For the 80 cars Rossnagle impounded, he said less than 10 percent were claimed, meaning he loses out on towing and storage costs.

Town law also states that a tower must hold an abandoned vehicle for at least 90 days to allow the owner to claim it. After that, the tower must acquire a junk title before he or she can finally take an abandoned vehicle to the junkyard.

Rossnagle said for each vehicle he takes to be junked, he gets only $25 -- much less than the costs he accrued during the 90-day waiting period.

He asked town council at its meeting Tuesday night to consider charging the owners of these vehicles heftier fines. The money could then be passed on to the towing companies.

Phillipsburg Police Chief Thomas Krisak said the town does charge the owners with fines. For each car towed, he said a summons is issued.

But sometimes, these owners don't even show up at municipal court, Krisak said.

"We do charge them," the chief told council. "I really don't know what else we can do."

Council proposed raising the town's towing rates $5 to $10 to make up the difference for Rossnagle's, Warren Brake and Tire and H& K. Instead of a basic towing for a flat tire on a car, which is considered abandoned, costing $50, council may raise the price to $60. A vote will be taken at the June 17 council meeting.

Council President Peter Marino said he would be in favor of raising the rates slightly to ensure these abandoned vehicles don't rid the streets.

Marino said he often calls the police chief to report abandoned vehicles that he sees.

"We want to keep the town clean," he said. (Linda Lisanti - Express Times)

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Man Dies in Tow Truck Accident
June 20, 2003
 

CALIFORNIA -- A 30-year-old Oxnard man died early this morning from injuries he suffered in a tow-truck accident Thursday, authorities said.

Aaron Clark died at 12:35 a.m. at St. John's Regional Medical Center, said Deputy Coroner Craig Stevens. An autopsy should be completed later today, but Stevens said the cause of death likely will be massive head injuries.

Clark was married with two children, Stevens said.

Clark was the passenger in a tow truck driven by Michael McCulloch, 19, of Oxnard southbound on Highway 101 south of Telephone Road about 9:30 a.m. Thursday, California Highway Patrol spokesman Steve Reid said. For an unknown reason, the truck veered to the right and ran off the highway, down a dirt embankment and through a fence, and landed facing north on Valentine Road, Reid said.

Clark, who apparently was not wearing a seat belt, was thrown from the truck and landed on Valentine Road. McCulloch suffered minor injuries.

The road was shut down for about three hours. (Ventura County Star)

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After Long Decline, Diesel Prices Rise
June 17, 2003
 

The long slide for national retail diesel prices came to an end in the week ending June 16, when prices increased for the first time since March, rising a penny to $1.432.

The small increase follows 13 weeks of declines since the national average cost of a gallon of retail diesel rose to a record $1.77. Much of that buildup was due to labor issues in oil-producing countries and the looming U.S. war with Iraq. With the Iraq war wrapped up and union strikes settled in Nigeria and Venezuela, oil and diesel prices declined steadily.

But the busy summer driving season and an oil production cut by the Organization of Petroleum Exporting Countries have sent fuel prices upward. Fuel analysts don’t expect another spike like the one leading up to March, but they do anticipate further increases. Gasoline prices, which have also been affected, began going up the week ending June 9.

Much of this week’s price increase comes from a surge in West Coast prices. Tow operators in California saw diesel jump more than 13 cents, according to U.S. Department of Energy figures. Towing companies there paid $1.65, surpassing prices paid in New England for the first time in months. Elsewhere, such as on the Gulf Coast, where the average ended above $1.37, diesel prices increased modestly or posted minor declines. (Thanks Rick)

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Train Crossing Claims Towers Life
June 12, 2003
 

CALIFORNIA -- A train versus automobile accident on North Street in Selma ended in a fatality.

Marion Coots, 39, better known as "Junior" or "Jr.," died on scene Friday when his tow truck driving west-bound on North Street hit a freight train heading south through Selma. Coots was towing a car through the railcrossing when his vehicle collided with the front of the train and threw the truck about 50 feet.

Lt. Myron Dyck of the Selma Police Department said Tuesday morning the accident is still under investigation and the exact cause may never be known. Dyck said "There appear to be brake marks right in front of the track," indicating Coots was trying to make a last-minute stop, but the witness reports indicate otherwise.

Dyck said the statements made by witnesses claimed the tow truck was trying to beat the train through the intersection. A concrete cause of the accident, he said, may never be known.

The railroad track between East and West Front Street crossing North Avenue has been the scene of several deadly accidents over the years. Dyck said that since 1993, five people have died in six accidents at the crossing.

The crossing itself has been a source of controversy over the years. After a fatal accident in 1999, Selma city officials battled with Union Pacific and the California Public Utilities Commission over who would be the responsible party to finance the installation of crossing-arms.

City Manager D-B Heusser said that at the time, the city wanted Union Pacific to fund the installation of the crossarms. The railroad and CPUC countered that Selma should pay for 20 percent of the costs, but the city fought back saying it was the railroad's property and they should be the funding vehicle. Then Union Pacific demanded the city must close one of its crossways, the city council voted down the demand and the crossing arms never were installed.

Though it is still without crossing arms, Dyck said "The crossing itself is a legal crossing." Dyck said the minimum requirements were warning lights and bells, which were fully functioning that day.

The train, which was about a mile and a half long, was traveling at about 40-miles per hour, according to Randy Egusquiza, a manager with Pacific Union.

Because the train could not be moved until the scene could be investigated completely, traffic in Selma was backed up until the train could be moved at 1:33 p.m. Railroad crossings intersecting with Floral Avenue, Branch Street, First and Second street were all closed.

Coots was the co-owner of Dave's Towing, and is survived by a wife and two children. A memorial service will be held Thursday at 9 a.m. at Brentlinger Park in Selma. (James C. Loughrie - Enterprise)

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7 Year Old Discovered in Towed Minivan
June 12, 2003
 

FLORIDA -- A 7-year-old girl took an unexpected ride when her mother's illegally parked minivan was towed with the child inside.

The girl, who was not identified, was inside the van Tuesday morning when it was towed from a parking lot, said police Sgt. Orlando Rolon.

The girl was discovered a few blocks later when the tow truck driver stopped to check on a loose wheel strap and noticed her, police said.

The mother and child were reunited. The tow truck driver, who was not identified, was not cited for towing an occupied vehicle because he didn't know the girl was in the van, Rolon said.

Under state law, the mother could have been charged with child neglect if the child had been younger than 6. (AP)

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LAPD Raises Maximum Towing Fees
June 12, 2003
 

CALIFORNIA -- Motorists will pay higher fees for cars towed away by the Los Angeles Police Department under a plan endorsed Tuesday by the Police Commission.

But the charges for towing and daily storage will remain near or below the fees charged by other major cities in California, officials said.

The commission adopted the plan to raise the towing charge from $86 to $90, and increase the daily storage rate from $20 to $23. Towing fees for heavy-duty vehicles will increase from $167 to $175 per hour, and storage from as much as $35 to $40 a day.

Before the proposed increases take effect later this year, the commission will advertise the new rates and hold a public meeting, said LAPD Detective Dan DeBellis of the Police Commission staff.

San Francisco, Sacramento, San Jose and Santa Monica charge as much as one-third more for daily storage and some cities charge up to two-thirds more for towing, he said.

DeBellis said companies providing towing and storage for the city have seen their costs increase for workers' compensation and fuel, but the fees have not increased since January 2001. (Mariel Garza - L.A. Daily News)

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Towing Companies Seek Relief From Abandoned Vehicles
June 12, 2003
 

NEW JERSEY -- Abandoned cars have long been a problem in Phillipsburg, but recently they have also become a hassle for local towers.

Because of the current setup, the towers are losing money. And Tuesday, one company owner asked council to remedy that problem by charging heftier fines for abandoned vehicles.


Last summer, Phillipsburg police officials devised a new plan to rid the town's streets of unsightly abandoned cars. Rather than deal with the junk cars on a call-only basis, enforcement became part of officers' routine patrol duties.

Town law states that no unregistered vehicle can be left on the streets, or on a resident's private property. If in violation, the owner can be summonsed and the vehicle can be towed.

With this new plan, the number of abandoned cars given summons and towed skyrocketed.

In the past year, Pat Rossnagle, of Rossnagle's Service Center, said he has towed about 80 junk cars. Last week alone, he towed eight.

The town's other two towing companies, which rotate with Rossnagle's on a weekly basis, Warren Brake and Tire and H & K Auto Body, also tow abandoned cars during their weeks.

While the removal of all these junk vehicles has been good for the town, Rossnagle said it has been detrimental to his Phillipsburg business.

For the 80 cars Rossnagle impounded, he said less than 10 percent were claimed, meaning he loses out on towing and storage costs.

Town law also states that a tower must hold an abandoned vehicle for at least 90 days to allow the owner to claim it. After that, the tower must acquire a junk title before he or she can finally take an abandoned vehicle to the junkyard.

Rossnagle said for each vehicle he takes to be junked, he gets only $25 -- much less than the costs he accrued during the 90-day waiting period.

He asked town council at its meeting Tuesday night to consider charging the owners of these vehicles heftier fines. The money could then be passed on to the towing companies.

Phillipsburg Police Chief Thomas Krisak said the town does charge the owners with fines. For each car towed, he said a summons is issued.

But sometimes, these owners don't even show up at municipal court, Krisak said.

"We do charge them," the chief told council. "I really don't know what else we can do."

Council proposed raising the town's towing rates $5 to $10 to make up the difference for Rossnagle's, Warren Brake and Tire and H& K. Instead of a basic towing for a flat tire on a car, which is considered abandoned, costing $50, council may raise the price to $60. A vote will be taken at the June 17 council meeting.

Council President Peter Marino said he would be in favor of raising the rates slightly to ensure these abandoned vehicles don't rid the streets.

Marino said he often calls the police chief to report abandoned vehicles that he sees.

"We want to keep the town clean," he said. (Linda Lisanti - The Express-Times)

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DUI Violators Could Have Their Cars Impounded For A Year
June 9, 2003
 

KANSAS -- A new law signed into effect by Gov. Kathleen Sabelius increases the consequences for Kansans who drive drunk. But the jury is still out on how the law will actually play out, though everyone agrees, it can't hurt.

Beginning July 1, the new law will give state judges the authority to order cars in drunken driving cases immobilized or impounded for up to a year, even for a first offense - and even if the driver doesn't own the car.

"I think it is something that judges employ to take away the vehicle's of those people who are repeat offenders," said Rep. R.J. Wilson, D-Pittsburg. "I don't think they will do it with many first time offenders, but I think, for those people who are habitual offenders, judges will use this as a tool in their favor."

The law is the result of more than two years of work by Dennis and Linda Beaver, of Achison, who began campaigning for tougher laws after their 23-year-old son, Casey, died in a crash with a drunken driver.

Casey Beaver was driving on U.S. 71 near Neosho, Mo., on Aug. 4, 2000, when a man who had been convicted of drunken driving eight times and had no license swerved and hit Beaver's car head-on. Both drivers died.

"I saw a statistic that shows we still have 600 people in the state of Kansas with five or more DUIs and are still getting DUIs," Wilson said. "That is pretty serious. When people are offenders in that magnitude that is a pretty serious deal. Those are people who can't help themselves and at that point, you probably have to take away their method of destruction."

However, Crawford County Sheriff Sandy Horton, wonders how much this law will be used.

"I don't think you will see a lot of judges using this," Horton said. "I think it is impractical to think that this would be used in a wide spread manner. But I think it would be appropriate under certain circumstances but I don't think it is the majority of the time. I just don't see courts using it in a wide spread fashion."

Horton said since he has been sheriff, they have impounded one vehicle under a court order for DUI.

"The person was a habitually arrested for DUIs and the court finally ordered the vehicle seized," he said. "They seized it for over a year and then released to him. But that was a very rare situation. I thought at that time that was an appropriate thing to do. This particular individual didn't care and would just drive anyway."

Among other things, the Beavers wanted to increase the financial cost of driving drunk. The law allows for holding the car up to a year in an impound lot, but that poses a bit of a problem, according to Crawford County Attorney John Gutierrez.

"The problem is that the sheriff is not in the impounding business," Gutierrez said. "So that is going to local towing companies. And those guys charge up to $40 a day. If someone gets their car impounded and it costs $40 a day, most of these cars are just going to be sitting there. In some cases the fees for the impound may be more than the vehicle is worth."

Gutierrez said that where he thinks this law will help is if someone has had two or three DUIs and they don't have a dependent family and aren't working anyway

"Then I can see taken away the car," he said.

Horton had some additional questions about the law, like who will be impounding the vehicle, where will they take it and how will it effect other family members.

"I would feel more comfortable with courts ordering the things they have in place now for disabling vehicles," Horton said.

For example, Horton described an intoxilyzer type devise that would disable a vehicle or make it in accessible.

"They have devises in place now that the court can order that disables a vehicle. It's like an intoxilyzer that you blow into and it will release the locks or not. You have to be able to pass the test to get into the vehicle. To me, that makes more sense than impounding someone's vehicle," he said.

Gutierrez said that he, as a representative of the state, would more than likely have occasion to ask for the impounding in certain instances, even on a first offense. But, he said that regardless of what he asks for, it is ultimately up to the judge.

Of course the state would ask for it in the right situations," he said. "It depends on how grievous the DUI offense was. If someone was involved in a chase or wrecking other cars, I might ask for it on the first DUI offense. But it is still the courts decision."

Another part of the law that haven't heard too much about is that a person who loans a vehicle to a driver who they know or should know is drunk also can find their cars impounded or immobilized.

"The other thing in the law that a lot of people aren't talking about is that it's an unclassified misdemeanor for you to lend you vehicle to someone who you reasonably knew was drunk. If they get convicted of a DUI in your car and you knew, or had reasonable knowledge that the person was drink, then your car can be impounded for a year and you can be fined $500 to $1,000."

Everyone agrees though, if rehab and treatment doesn't work, something needs to be done because people are losing loved ones to people who can't control themselves.

"If rehab and treatment doesn't help these folks, you have to take away their method of destruction and that is their vehicle a lot of times," Wilson said. ""I think if someone is a repeat offender and they can't control themselves, then you have to take the steps necessary to make our roads safer. This law makes sense to me and I'll support it." (Joe Noga - Morning Sun)

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Tollway Cheaters Could Find Their Cars Towed
June 9, 2003
 

ILLINOIS -- Last year, motorists shorted the tollway nearly $11 million breezing through I-PASS lanes illegally or blowing off tollbooth baskets.

Now, tollway officials are awaiting broad new powers to tow or immobilize cars of toll violators as they begin to comb through two years of backlogged photos of cars speeding past booths in a renewed effort to crack down on such cheating.

The new power was wrapped in a package of tollway reforms approved by lawmakers, and it now awaits Gov. Rod Blagojevich's signature. The proposal also gives the state new oversight of the tollway's funding and creates an inspector general position to root out mismanagement and corruption within the agency.

But critics contend 20 years of tollway scandals means the authority will likely mess up again and innocent motorists will watch their cars being towed away.

"With the bad history the toll authority has, they should not have any more authority than they have right now," said Russ Johnson, president of Sugar Grove-based NO TOLLS Inc., a group opposed to the tollway system. "It just doesn't make any sense right now."

But others say the far-reaching power is needed and could be handled properly.

"Let's give them a chance," said Paul Gaynor, a frequent toll critic and senior attorney with the Environmental Law and Policy Center.

Under the plan being weighed by the governor, if a motorist blows a toll and does not pay the resulting fines, tollway officials can order the car towed, have it booted or place a lien on the owner's property.

When a motorists flies past a tollbooth or I-PASS lane illegally, a camera snaps a picture of the license plate. A computer then reads the picture, matches it to the owner's address and mails off a $20 ticket.

It doesn't matter who is driving the car. The owner gets the ticket.

The car's owner can schedule a hearing and contest the fine. But if the ticket is ignored, the fine jumps to $75. If five or more tickets go unpaid, the car owners could lose their license plates and driver's licenses.

But the authority has had a dismal record in enforcing this system, placing it among the nation's worst at collecting uncollected tolls, according to a recent report from state auditors.

Joelle McGinnis, tollway spokeswoman, said an outside company has been hired and is going through outstanding tollway tickets, compiling those with 50 or more violations over the past two years.

While those motorists are the most obvious violators, the proposed law would allow the tollway to tow after just one ticket is ignored. McGinnis said the tollway only plans to resort to towing after $500 in fines is issued.

"These measures are not going to apply to the customer who missed a toll or two," she said.

But some critics say the proposed law gives the tollway too much power. Others raise concerns about possible computer and mailing errors resulting in the wrong cars being towed.

"This brings Big Brother to an all new meaning," said state Sen. Wendell Jones, a Palatine Republican. "This is a little overreaching." (Joseph Ryan - Daily Herald)

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City Will Begin Seizing Cars of Suspended Drivers
June 9, 2003
 

MAINE -- Portland, Maine's largest city, is poised to begin towing vehicles of some motorists caught driving with suspended licenses.

Portland police say their initial targets will be drunken drivers whose licenses have been suspended and habitual offenders.

Officials say they eventually expect about 20 vehicles a month to be seized. Lt. Vern Malloch says the idea is to keep unsafe motorists off the road for at least 30 days.

An ordinance approved a year ago by the city council authorized the vehicle seizures. But the start of the program was delayed while the city arranged for towing and impoundment of the vehicles.

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Meth Lab Discovered at Towing Company
June 6, 2003
 

KENTUCKY -- Webster County Deputy Sheriff Steve Madden along with Kentucky State Trooper Sergeant Todd Jones arrested Jeffrey Keith DeHaven, 40, of Slaughters and Brian L. Jenkins, 23, of Sebree on Thursday, May 29, at 1:38 a.m. in Dixon.

Officer Madden became alerted to an unusual odor of ether and notified Sergeant Todd. They discovered the origin of the odor to be coming from inside the shop building of K.C. Towing in Dixon. After hearing noise from within and getting no answer from the door, officers were able to see a methamphetamine lab through a hole in the front of the building.

As officers observed the accused parties trying to destroy evidence, Sergeant Todd forced entry into the building. DeHaven and Jenkins were located inside and subsequently arrested. After obtaining a search warrant, an active methamphetamine lab, marijuana, a substantial quantity of methamphetamine and a variety of drug paraphernalia were seized.

This investigation led officers to a wooded area off Kentucky State Highway 132 East in Dixon where a propane tank containing anhydrous ammonia was located and destroyed.

DeHaven was charged with manufacturing methamphetamine, trafficking in a controlled substance (second degree), possession of drug paraphernalia and anhydrous ammonia not in proper container.

Jenkins was charged with manufacturing methamphetamine, trafficking in a controlled substance (second degree), possession of drug paraphernalia, anhydrous ammonia not in a proper container and possession of marijuana.

Both were lodged in the Webster County Detention Center in Dixon.

Other officers assisting at the scene were Trooper Shane Fowler, KSP Drug Control Section Detectives Mike Drake and Bobby Murray and Webster County Deputy Sheriff Jason Oldham.

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Man Frustrated Over Tow Truck Driver Death Investigation
June 6, 2003
 

PENNSYLVANIA -- A Danville man who is offering a $1,000 reward for information about an unidentified driver blamed for the April 30 death of a tow-truck operator is "frustrated" and "disgusted" with a state police investigation of the accident.

"I'm frustrated that no leads have been developed," said Jeff Dietz this morning. "So many people were at the scene of that accident. About 20 PennDOT workers were there. I can't believe no one saw anything. I doubt if state police have even interviewed those workers. I'm disgusted by the whole affair."

For the past five weeks, state police have been trying to identify and locate a silver-colored compact car blamed for the fatal collision that killed Julian V. Wahly, 59, owner of Central Towing, Riverside.

Wahly of Valley Township was killed when a logging truck veered off Route 54 near the Interstate 80 interchange in Valley Township on April 30 to avoid a collision with the silver car. The truck slammed into Wahly, pinning him between it and the tow truck, which was attempting to load a disabled vehicle.

After the collision, the silver car fled the scene, police said.

Dietz criticized police for their investigation efforts.

"If this was a state police officer or a firemen that was killed, there would be some action," he said. "Is a tow-truck operator's life worth less than a police officer's life? I don't think so."

A spokesperson for Milton State Police who asked not to be named said this morning there were no new leads in the case. He indicated that Trooper Joseph Dubosky, the investigating officer, was on vacation and would not return until next week.

"Why can't they develop any additional information?" asked Dietz. "The more time that passes, the less chance of finding any leads. I'm irked by the lack of investigation that is going on."

Dietz is putting up $1,000 of his own money for information leading to the arrest and conviction of the driver of the silver vehicle.

"I've known Julian since I was a kid," said Dietz. "He was a kind man. He was always helping others. This is a tragedy. How do you say good-bye to a man like that? How do you honor his memory? I want police to capture the driver who caused his death."

State police said the investigation into the accident is continuing but no leads have been developed.

In an interview the day after the fatal crash, Dubosky said the driver of the silver-colored car that fled the scene may be guilty of negligence but he stressed that any charges would be determined by Bob Buehner, the Montour County District Attorney.

Buehner said last month that homicide by vehicle is a possible charge, though it's unlikely at this point because gross negligence must apply for that charge to be made.

"From what we know so far, this appears to be a negligent act, but it may not constitute gross negligence," said Buehner.

Dubosky said Wahly was kneeling to hook up a disabled vehicle that was partially in the left lane of Route 54 east and partially on the median. The silver vehicle was at a stop sign on Route 8002 at the intersection with Route 54, he said.

The car pulled onto Route 54 east and then made an abrupt U-turn into the path of a logging truck. That truck veered to avoid a collision with the car and slammed into Wahly, Dubosky said. (Carl Boyer - The Danville News)

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Nextel Direct Connect Goes Nationwide
June 4, 2003
 

Nextel Communications, Nextel Partners and Motorola announced that Nationwide Direct Connect begins rolling out today so that customers can use the walkie-talkie features even if they're thousands of miles apart.

More than 50 percent of the markets supported by Nextel and Nextel Partners, which use iDEN technology developed by Motorola, will be enabled for Nationwide Direct Connect service by June 16. Nextel and Nextel Partners plan eventually to make the nationwide service available all coverage areas, including Hawaii.

Among the first Nextel markets to offer customers the service are New England, Florida, and southern California. By June 16, New York, Baltimore, Washington, D.C., Virginia, the Pacific Northwest, northern California and Atlanta are expected to be Nationwide Direct Connect-enabled.

Nextel customers in those markets will be able to connect in less than a second between any of the cities within these areas by using the push-to-talk button on the side of every Motorola phone offered by Nextel.

The first phase of Nationwide Direct Connect, initially announced in January, allows Nextel users to travel with the Direct Connect service and instantly connect with anyone local to the area to which they have traveled, as well as with any other Nextel customers who have traveled with them. When the launch of Nationwide Direct Connect is completed, instant walkie-talkie communication will have a span of more than 5,000 miles.

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City Defies its Own Towing Committee to Lower Rates
June 4, 2003
 

VIRGINIA -- In a time of high fuel prices and even higher insurance premiums, the city of Fredericksburg has arbitrarily decided to reduce the amount that a towing company can charge for a private impound.

In fact, the city of Fredericksburg has even gone against the recommendation of its own own special towing committee to make the change from $85 to $65.

After heeding the complaints of illegally parked citizens who got their cars impounded, the city appointed a towing committee to look closer at the industry and make recommendations to the the city council.

The committee did its job and recommended to the city that the maximum towing rate, the same maximum that the state has found appropriate, not be changed.

However, that recommendation was not the result that Councilman Scott Howson wanted, he raised objections that apparently easily swayed the rest of the council to vote for a rate decrease anyway.

Towing companies are already facing much higher operating costs than years past, and with skyrocketing insurance premiums and summer fuel prices coming, this rate reduction could be very detrimental.

Area tow operators will likely be forced to cut back or stop providing this valuable service. While the city clearly does not care if this service is available, the downtown businesses, that must have available parking for paying customers, will be greatly effected if the service is no longer available.

Besides lowering the maximum rate, the ordinance says that tow operators must notify the police before towing a vehicle, and  signs must be posted at each entrance to the lot.

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State Makes Wrong Choice for Motorist Safety
June 2, 2003
 

Countless studies have proven that talking on a cell phone is one of the least detracting activities that you can do while your driving your car; ranking well below eating, drinking coffee, smoking, and talking to other passengers.

Yet, many states, well aware of these statistics, continue to ignore the major causes of distracted accidents and instead, concentrate on anti cell phone legislation.

When the guy eating the Big Mac is 50 times more likely to hit you than the guy on the cell phone, why are lawmakers not banning eating in your car? Apparently it's not really about our safety at all.

Cell phone bans will have a negative impact on  many industries who rely heavily on the instant use of cell phones to do their jobs, such as tow truck drivers, police, and taxi drivers. 

So far, only the state of New York has been able to pass a law banning cell phones while driving, but the state of California is working on it's own.

The California State Assembly this week passed a law that would outlaw drivers from holding cell phones to their ears while on the road. Assembly Bill 45, if passed by the state Senate and approved by Gov. Gray Davis, would make cell phone violations punishable by a $20 to $50 fine.

California police agencies will not take a position on the cell phone ban, likely because the CHP's statistics confirm that only 1% of accidents are caused by cell phones.

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