Sent: Tuesday, October 27, 2009 9:52 AM
Subject: Re: car theft

I had a vehicle stolen from me and the title was in the vehicle signed and notarized as i was in the process of selling the vehicle, the mvd records state that the vehicle is still in my name but under the circumstances i don’t know what my options are as far as recovering the vehicle because it does in fact have an open title that can easily be put into someone else’s name, please advise and thank you very much.

Our Reply:

As long as you made a stolen vehicle report with the police you should be fine. If someone tries to register a car in their name that has been reported stolen, the car will show up in DMV records as stolen and the police will be called. If you told the police the signed title was in the car, hopefully they listed it in the police report. If not, and if the car has not been recovered yet, you should call the police back and see if they can supplement that information to the stolen vehicle report. That way if an officer recovers the vehicle and the driver says it’s his car because he has a signed title, the officer can read the original report and see that the title was in the car when it was stolen.

As long as you made a stolen vehicle report with the police, no one will be able to register the car until the police are notified and they remove the car from the stolen vehicle system. When the car is found you shouldn’t have any problem getting it back since you will still be listed as the owner.  

More importantly; Never leave anything of value in a car including the title to the car, especially a signed one. If someone was able to go to the DMV to register it in their name before you reported it as stolen, it would create a real mess for the police to sort out.

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—-Original Message—–
Sent: Friday, October 16, 2009 7:54 PM
To: info@coptalk.info
Subject: Police Procedure for a speeding violation

Hello, today I got pulled over for going 79 in a 65. He came up to me and asked for my license, went back to his car and then came back with a ticket. Therefore, my question is are the police allowed to give you a ticket without asking for your registration or insurance; and is that considered improper or illegal police procedure?

Our Reply:

Normally a police officer will ask for registration and insurance because it is an additional violation if the driver does not have them in the car. If the car was registered to you, the police officer probably saw that on his computer and saw that the registration was current so he probably wasn’t worried about it. Yes, an officer can give you a speeding ticket without asking for registration or insurance and it is not illegal police procedure. Not having registration or insurance proof in the car is just a mechanical violation that can be signed off so he was probably more concerned with citing you for what causes many injuries and deaths on the roadways, speed. I always ask for proof of insurance and cite the driver if they are uninsured, too many people are driving around uninsured nowadays. But cops have discretion on their traffic stops as to what they may or may not cite drivers for.

Hope that helps..

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—–Original Message—–
Sent: Tuesday, October 06, 2009 5:25 PM
To: info@coptalk.info
Subject: theft

I’m a small business owner,I do in home sales.We give away free gifts for places to show our product.There are a very specific set of guidelines that have to be followed.In essence I hired two employees who did in home shows promising there friends free stuff.Problem is they did not follow any of the guidelines giving away hundreds of dollars.I can prove they didn’t follow any of the guidelines simply by verifying that they were never there.My question is can I prosecute this as theft being they didn’t steal it right of the shelf?They simply ran a big elaborate lie or scam.This second part might fall under legal advice category but I got to try.I later refused to give gifts to the customers involved in this scam,these people lied claiming they were there but couldn’t answer simple questions like what the product does or the color.Did these people break a law being involved in the scam.Best part is they are trying to turn me in to the business bureau for unraveling there scam,is there a law in place to help prevent this type of extortion.Any help would be appreciated.Remember I can prove they never followed these guidelines giving away my inventory falsely then threatened me if I did not give them more.I cant see how it is any different then embezzlement and bribery but what law would it fall under.

Here you go – hope it helps.

If the employees obtained your merchandise under false pretenses and you are out money, you could have a theft case but from the limited info you’ve given here I don’t see enough proof for a theft charge. You say you give away free gifts in exchange for places to show your product and you hired two people who did just that. If the people didn’t follow your guidelines while giving away the free gifts then it’s more of a civil issue than a criminal issue. You might have a better chance in small claims court. If the issue went to court, a verbal contract would be tough to enforce if the other party denies any part of it. You’d have a better chance of reclaiming some losses if you had a written contract and can prove in court that the other party broke the contract or violated terms of the contract. If you feel that the employees obtained the merchandise under false pretenses and can prove it, contact the police department where the incident occurred to see if there’s enough proof for a report.

As for refusing to give customers promised gifts because they couldn’t answer questions that you asked them, it’s hard to give an answer here because we don’t know the terms or conditions you have in place regarding the free gifts. If someone legitimately won a gift and now you are withholding it because of the two people you hired, they could have a claim.

If you don’t already have one, the most important thing in the future is to have a detailed and signed contract spelling out all the terms and conditions. That way if a hired employee doesn’t follow the guidelines you’ve set then you’ll have sufficient proof for small claims court. If you have seen television court shows such as Judge Judy, it’s usually a slam dunk case when one party has a detailed and signed contract that the other party broke.

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Stolen Vehicles – VC 10851

Here are just a few tips from NetCops:

· Thieves look for easy targets. Leave a car running in a driveway or parking lot with keys in it, how much easier than that can it get? Some thieves even walk through residential neighborhoods looking for just that. It’s easy, jump in and go. Take the extra few minutes to sit in the car while it’s warming up. If possible, keep the car in a garage. (It won’t frost up and you can warm it up by driving slowly away) It’s not worth the lost hours after losing a stolen car trying to gain the 2 minutes warming it up unattended. You can have an extra key made to lock it up while warming up but it is still risky leaving a running car unattended whether it is locked or not. An unattended running car is a fast getaway for a car thief.

· Alarms are a good idea. There are alarms that activate from vibration, sound and motion. There are alarms that deactivate a vehicles electrical system or fuel supply and render the vehicle inoperable. There are even talking alarms warning a thief that they are too close. (We do not recommend these types of alarms. They usually cause more problems than there are worth aggravating passerby’s to the point of keying your vehicle) Some alarms are defeated, but the majority work. Most stolen vehicle reports or recovery reports that I write had no alarm system. While not sure-proof, they are a good deterrent.

· Steering wheel locks, ignition disablers, fuel cutoff sensors are all good deterrents too. If a thief steals a car and it stalls in the road 1/2 mile away, he is not going to raise the hood or call a tow truck. He’s going to grab another car without a theft-deterrent device. There are alot of gadgets on the market to help guard against vehicle theft. Some more effective than others. They work if they are used. An alarm does not work well if it is not turned on. A steering wheel lock does not work if it is laying in the back seat. A ignition disabler does not work if Part A is left plugged into Part B. Wheel locks do not work left in the package in the trunk, etc.

· The more valuable stuff you leave in a car, the more temptation to take. A thief sees a whole tool chest full of tools in the back of your truck, or lots of cool stuff in the car (the pull-out stereo that is left in, the cell phone on the seat, the 10 nicely wrapped christmas gifts, the $2500 laptop computer in the back) Too much to carry, mine as well take the car to carry all this cool stuff away.

· While it is virtually impossible to make your car completely theft-proof, you have a good chance to make it a difficult target for a thief. Remember that a thief wants an easy target. They don’t want to spend alot of time stealing a car. They don’t want noise, lights, or witnesses.

· Motion lights in the driveway, locking your car, taking valuables out, along with one or more theft-deterrent devices on the market will help make a thief pass your car up for easier pickings. And don’t make it easy for a thief by leaving a car running unattended. For a thief, that’s almost impossible to pass up. The harder you make your car to steal, the better chance you have of finding it where you last parked it.

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