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Re:Interesting Travel Defense by State
here is a brief snippet of the stupidity the government uses in their defense. Whats amazing is they ADMIT they have a interest in towing your vehicle!
As correctly pointed out by Defendants, there is no constitutional requirement that Plaintiff receive notice and a hearing prior to having his vehicle impounded for failure to have it properly
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registered. See Scofield, 862 F.2d at 763-64; Kutschbach v. Davis, 885 F. Supp. 1079, 1092 (S.D. Ohio 1995) (citing Goichman v. Aspen, 859 F.2d 1466, 1468 (10<SUP>th</SUP> Cir. 1988)); Weinrauch v. Park City, 751 F.2d 357 (10<SUP>th</SUP> Cir.1984). As aptly pointed out by the Scofield Court:
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the government interest in towing unregistered vehicles is analogous to the government interest in towing illegally parked vehicles. By towing unregistered vehicles, the government removes these automobiles from the public streets, encourages owners to maintain automobile registration, and deters owners from violating state registration laws. If notice had to be given before a car with[out] registration could be towed, it is likely that the car would simply be driven away.</DIR></DIR>
Scofield, 862 F.2d at 763-64. Due process in situations involving the towing and impoundment of a vehicle is satisfied when a person whose vehicle is impounded is given a prompt post-tow or post-impoundment hearing. Id. at 762.
In
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