What prevents me from using vehicle anti-theft laws to regain possession of an impounded car in Maryland?
<p>My car was impounded in MD due to expired tags. I've since paid the state and county fines for this, but the county police use a private impound lot which charges exorbitant fees for storage. MD law gives county officials the right to take possession of a car for unpaid fines, and authorizes them to contract the service to a third party. However, since paying the fine, the county is no longer in possession of the vehicle, the towing company is. MD vehicle antitheft law states "A person may not take a vehicle without the consent of the owner of the vehicle and with the intent to deprive the owner temporarily of the owner's possession of the vehicle, even if without the intent to steal the vehicle."</p>

<p>What exactly prevents me from using this antitheft law to regain possession of the car without paying? (I realize this argument would not hold up in court, I'm just curious about exactly why that is)</p>

<p>For starters, you can't "use the antitheft law" because you are not a criminal prosecutor.</p>

<p>I'm not sure that the criminal statute would support a civil action for <a href="https://www.law.cornell.edu/wex/replevin" rel="nofollow">replevin</a>, at least until you've paid all the fees that the towing company is explicitly authorized to charge and they still refuse to release the vehicle. And if that was the case, you wouldn't need the criminal statute — the title to your vehicle should be sufficient. </p>

<p>See <a href="http://www.amlegal.com/nxt/gateway.dll/Maryland/baltimore_co/baltimorecountycode?f=templates$fn=default.htm$3.0$vid=amlegal:baltimoreco_md" rel="nofollow">Baltimore County Code (2003)</a> §18-2-203 for the police department's authority to remove and store cars with expired registration "by contract." </p>

<p>See also §§ 21-16-111.1 et seq. and §§21-16-123 et seq. regarding police initiated towing and licensing of towing companies.  The latter set of statutes and the fee schedule fixed by the county are <a href="http://resources.baltimorecountymd.gov/Documents/Permits/Miscellaneous%20Permits/towing/policeinitiated/policetowregsfees.pdf" rel="nofollow">available here</a>.</p>

vehicle property maryland