A PERTH doctor will have to go without his prized $200,000 Lamborghini for four weeks after it was seized by police who say they caught his mechanic driving it 70 km/h over the limit.
The mechanic was allegedly clocked driving the luxury sports car at more than 160 km/h in a 90 km/h zone in Perth’s east on Wednesday.
Dr Patrick Nugawela had left his car in the care of the garage where the mechanic worked.
Under Western Australia’s anti-hoon laws, police can impound a car breaking the speed limit by more than 60 km/h, even if it is not the property of the driver.
The 2006 yellow Lamborghini Gallardo will be impounded for 28 days.
Dr Nugawela has hit out at the rejection of his application to have his car released, saying he had been persecuted for an alleged offence in which he played no part.
Hardly seems fair. I see a flaw in these ‘anti-hoon’ laws. For those uninitiated into the mysteries of Aussie patois, a ‘hoon’ is a reckless speeding driver.
My father, grandfather and two uncles all own repair shops. I can tell you from experience that if your car is interesting in anyway you should not leave it with a mechanic overnight if you can avoid it.
I picked up my first date in a brand new Lincoln Towncar. Went to my prom in a 67 Corvette (my girlfriend found a loaded gun under the seat) and once used a Frito Lay chip van to move from one apartment to another.
What would be really cool is if during this impound period this car was caught being joy-riding by the cops, or the impound lot staff.
In Houston back in the 1980′s a friend of mine was arrested for DUI. Her nice pickup truck was towed and impounded. When I drove her over to the lot to retrieve it the next day, it was gone. So we called the cops.
A sheriff’s deputy showed up. Just as he walked in, her truck comes barreling up the road like a bat out of hell being driven by a 16 year old unlicensed employee who used her truck to pick up an engine across town.
Needless to day, the deputy was pissed off and pulled their towing license there on the spot. The owner was yelling he knew nothing about it and it was a rouge employee who broke the rules. Us, and the cop, knew he was full if shit because the 16 year old told him in front of us “But you told me to take that truck to get the motor!”
I suspect abuse of impounded cars, boats, and other property happens all the time by cops all over the world.
And the truth is, cops impound property JUST SO they CAN misuse it.
All the pre-trial seizure laws are highly suspect. In Ca, where cops can sell such property and keep the proceeds as part of their funding, especially or maybe limited to drug arrests?, there have been some outrageous takings of prime real estate and then later the houses/cars used by big wigs for partys and what not.
Yep, the power of the State. Starts off debateably ok, but then goes downhill from there.
#18, Benny,
“Quite correct. Only the damages would be quite minimal. You may only recoup your losses. Unless he earned money from the Lamborghini he isn’t out anything. If the car is damaged from the impound then he may recoup his damages.
But he can’t gain undue rewards simply because he can’t use the car.”
No, they have to provide for the use of the car. My insurance company pays me for the use of a car I can’t drive due to it being in the mechanics for claimable damage. Usually that is the cost for a suitable rental. The man is without a car due to the mechanic’s screw-up. The mechanics going to rent him a suitable sport car until he gets his regular car back, plus pay for the damages that the impound lot does to it.
#19, srgot,
You are right. The person who committed the crime should be charged. BUT, don’t expect your knives that were used in the crime back anytime soon. They will be held as evidence.
Another analogy would be if the driver is arrested for DUI. Some jurisdictions also impound the vehicle. That is a great incentive not to lend your car to someone who drinks.
#24, Benny,
Not really. If the Lamborghini is a second car to be driven for pleasure only, as it most likely is, he collects nothing from his insurance. Very few policies will provide replacement recreational vehicles. Even if it is a second car on the policy (unless it is specified as work transportation) won’t be replaced.
Of course, someone other than the owner will pay for any actual physical damage. My point is he can’t sue the mechanic or the shop for exemplary damages for the loss of the car for a month.
If it were me, I’d sue the mechanic/repair shop to recover the cost of renting a replacement Lambo for the month while my car was impounded.
I had a rental car because my car was in the shop. we decided to drive to mexico and on our way back apparently the driver didnt have a license so we all got arrested and my rental car got impounded. do i have to get the rental car out if i cant afford it? i heard i could do a release of liability.