Eric Hauber says he was just taking back what was rightfully his. But prosecutors are calling it theft, even though the item in question is Hauber's own car.
The 25-year-old Logan man was in 1st District Court this week to answer charges to felony theft and burglary. Hauber drove his car out of a local impound yard last November, just hours after his car was impounded by Utah Highway Patrol troopers for repeatedly failing to correct equipment and improper registration."I went over there and took my car back because they stole it from me," he told the court Tuesday.
But Deputy Cache County Attorney Randon Draper said Hauber should have followed the instructions given to him by officers for legally reclaiming his car, then taken any problem he had with the impound before a judge.
Instead, Hauber allegedly took his car out of impound without paying the fee and drove home, where he chained the car to a tree.
Police towed the car away a second time and arrested Hauber the next day after spotting him the next morning bicycling along U.S. 89-91.
Hauber's lawyer, Ray Malouf, maintains his client, who is free on bond, can't be guilty of the theft or burglary charge.
"You can't steal your own vehicle," Malouf said, adding that the legal definition of theft includes exercising unauthorized control of the property of another. "If anything, he stole the impound fee."
But Draper disagreed.
"Once the state exercises control, costs are incurred," he argued. "If for no other reason, they had a right to keep (the car) to sell to pay the debt to the towing company, if needed."
Judge Clint S. Judkins took the case under advisement and is expected to present his ruling in court March 10.