An ABATE Region 15 member's motorcycle was towed because of a helmet violation. Larry Katkowsky wrote the following letter to the Michigan State Police. The response from the MSP follows that.
(Note: I replaced the real name of the individual whose motorcycle was towed with what we call him - Bulldog - to protect his privacy.)
July 27, 2000
Col. Michael D. Robinson, Director
Michigan State Police
714 South Harrison Road
East Lansing, MI 48823Re: Our Client: [Bulldog]
Date of Seizure: 5/11/00
Your Trooper: Saldana, #1083Dear Col. Robinson:
The undersigned represents [Bulldog] regarding a no helmet ticket which he received on May 11, 2000 on Romulus. The ticket was issued by Troopers Berdan #1253 and Saldana. Unfortunately Trooper Saldana caused [Bulldog’s] motorcycle to be impounded and it cost [Bulldog] $95.00 to get it out. In addition, many of your other troopers have been threatening other of my clients with impoundment and worse.
Tina Green, the chief judge of the District Court in Romulus, has instructed the Prosecuting Attorney to instruct all officers in her District that there is absolutely no authority for any officer to impound a motorcycle for a civil infraction, period.
The long and short of it is that your Department or Trooper Saldana owes [Bulldog] $95.00 for the impound fee and $150.00 attorney fee for this illegal seizure. We would appreciate that being paid as soon as possible or we will take the requisite legal action.
If your office condones this action we will assume that to be an official position of the Department and will view a 1983 action accordingly.
Very truly yours,
Law Offices of
Lawrence S. Katkowsky, P.C.Response from the Michigan State Police -
September 14, 2000
Mr. Lawrence S. Katkowsky, P.C.
30200 Telegraph Road, Suite 440
Bingham Farms, Michigan 48025Dear Mr. Katkowsky:
I am in receipt of your correspondence regarding the towing of [Bulldog’s] motorcycle. Our investigation of this matter revealed that [Bulldog] was properly cited for a violation of the helmet law and his motorcycle was towed inappropriately.
The Michigan State Police does not condone the towing of motorcycles for helmet violations, and corrective measures have been taken to ensure this type of mishap does not reoccur. For reparations, please contact F/Lt. Dennis Bolling or Lt. Joel Allen of the Metro South Post to make arrangements for reimbursement of the tow fee.
Thank you for bringing this matter to our attention. Your letter will assist our agency in continuing to provide quality law enforcement services. If you have further questions regarding this matter, please contact F/Lt. Dennis Bolling, commander of the Metro South Post, at (734) 287-5000.
Sincerely,
STEPHEN D. MADDEN, LT. COLONEL
Deputy Director
Uniform Services Bureau
Read more about the antics of Trooper "Chips" Saldana in the article: BikerMan Sounds Off: Bring Down The Helmet Law.
ABATE of Michigan, Inc. : Region 15 : Wayne County - http://www.atch.com/abate/