Anyone who has driven on the highways of North Carolina has seen an abandoned vehicle or two on the side of the road, often with a bright orange sticker on one of the windows. This sticker indicates that the vehicle will be towed under the direction of a law enforcement officer if the vehicle is not removed. Due process requires that a person whose car has been towed in this circumstance is entitled to notice and a speedy court hearing before a magistrate to determine whether probable cause existed for the towing, which ultimately determines who is responsible for the towing fees. G.S. Ch. 20, Art. 7A. This blog post will explore towing under the direction of law enforcement, when a post-towing hearing is allowed, when it is not, and how the magistrate follows the procedures. This post does not address towing directed by private parties for unauthorized parking on privately owned property, such as apartment complexes or business parking lots.
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Tag: post-towing