Towing Issues: Want to know if PD tow was legal., tow fees, burden of proof


Question
My brother borrowed my car to get to work in Wayne, NJ. He parked at the mall parking lot and after getting out of the car an officer requested for car papers and license. My brother refused and walked away because he was already parked and late for work. Officer orders the car towed by police impound from mall parking lot and lists the reason as "uninsured". The car was insured and proof was faxed to the police dept. 23 hours later, but car was towed about 2-3 hours after incident. Was this legal? If the tow was not legal can I go to municipal court to get my money back for tow fees?

Answer
well since I am not a lawyer I can not comment on the issue of him walking away from the officer when he was asked for information...

As to the tow, I would guess that they can tow it under the uninsured reason. Legal or not that would be up to a judge.  You stand a 50-50 chance of winning, but you bear the burden of proof that it was insured and current at the time of the tow.

Sorry I can not help much more.