Had to replace the gauge cluster in my car, previous owner called police

N

Nordic

Guest
Jurisdiction
Indiana
I purchased a 2002 Chevrolet Lumina in December from Craigslist. It had 215,000 miles or so at the time of purchase.

Now, about two weeks after driving the Lumina, the entire gauge panel stopped working. I couldn't tell how fast I was going, my miles, the temperature, gas, etc. Nothing worked, and that is not safe.. We replaced the entire gauge assembly with a unit from a salvage yard. The issue is that the salvage yard unit had 137,000 miles or so on it.

This past week, I had my brother place an ad for the Lumina on Craigslist because he was at home and had the day off. He failed to mention in the ad the gauge unit was changed because he really didn't know the whole situation, so the ad only showed the 137,000 miles. I did not know he did that, which was a mistake on my part. He simply took the pictures of the car and made a quick, short ad since it we were basically going to sell it as a "beater with a heater"

This past Saturday, 2/4/17, I received a phone call from our local police department. The officer said he was interested in possibly purchasing the car, but just wanted to run a VIN check on it, and if I could bring it to the police station for him. Unfortunately, I was not home with the car and could not do so.

Yesterday morning, I received a voicemail from the police saying that the previous owner complained that they saw the ad with the lower miles and to call the officer.

At this point I realized that the officer was not interested as a buyer. I returned his phone call and recorded the conversation. I asked him, because I was confused as to why he was interested in the car, and now not, but there was now a complaint. He said he never told me that he was interested and that he wanted to see the car and look at the VIN and odometer, but would not explain why. He continued to ask me to come to the station for a statement, which my father, a retired officer, said not to do and that a phone statement is completely acceptable. Officer kept insisting I had to bring the car to the station.

During the course of the conversation, the officer failed to thoroughly listen to my side of the story, and continued to imply that I had committed a crime by "rolling back" the odometer. This is simply not true, as I replaced the entire gauge unit, but fully had intended to make any buyer aware of the issue and note that on the bill of sale.

The title for the vehicle is EXEMPT on the front side. This according to the BMV, means it is exempt from odometer reporting. However, I fully intended on telling any buyers of the issue. The officer did not believe the error that my brother made the ad and insisted that I did. The original Craigslist ad email is in my brothers email account, and the images of the car are on his phone, all saved.

The officer then said he was not going to argue or hear this out and would send this to the prosecutor of Marshall County, IN for review and I will have to appear in court. The car is still in my possession, and when I was made aware of the issue in the ad, I informed my brother who then removed the ad.

Essentially, was it a crime to place the ad in such a manner, even though it is a mistake, or would the crime be had I intentionally committed fraud after selling this car?. Again, I have not sold the car and the ad was removed when the error was brought to our attention. Additionally, I was not going to fraud someone on this car. I mean what am I supposed to do? Drive the car with no working gauges?

I got the car for $550 and was basically going to sell it for $1,200 OBO, just because its an old rusty car and I did replace several things on it. I figured if I could get maybe $800 out of it, that's fine. It's a super reliable car but I was just going to drive it until I found a better car, which I did recently.

I guess I'm just kind of at a loss. I'm 21, in college, I've never even had a speeding ticket. I wish the officer would have actually taken the time to listen to my story, but instead kept cutting me off and basically insisting he knew more about it than I do.

I'm very nervous and my dad is contacting a lawyer for me, but it would be nice to maybe get some ideas from others.

Thank you so much for reading and listening
 
I don't believe that placing the ad was a crime.(where's the victim?) Even if you had sold the car, vehicles that are 10 years old are exempt from having to disclose miles. Odd behavior from the police in my opinion.
 
Thank you!

That is what the BMV told me, that cars that are ten years old, are exempt from odometer reporting because they acknowledge that odometers can break, become less accurate, etc.

Our town is about 4500 people, and the police, while I do respect them, generally don't do too much aside from write tickets, bust the occasional high school party, etc. As a side note, this cop spends much time at one of the gas stations while on duty chatting up one of the workers.

But aside from that, my brother told me he's glad to admit that he messed up in the ad. It was a mistake.

My feeling is that the officer did not like that I was being honest and that he was wrong. When I tried to explain to him he kept trying to get off the phone.

Additionally, he said if we had a receipt showing the gauge panel from the salvage yard specifically fit this car, that would prove my case. However, I threw the receipt away. The salvage does not itemize things, nor did the receipt say what it fit. It just said "Gauge Cluster" or something like that.
 
Your car may be exempt from odometer "reporting" but you are not exempt from prosecution for odometer fraud.

nordic said:
I threw the receipt away.
Click to expand...

I was waiting for that.

Bet you paid cash for it, too, so you have no record of buying a replacement.

Stop talking about this to the police, your dad, or your brother right now and discuss this ONLY with the lawyer.
 
adjusterjack said:
Your car may be exempt from odometer "reporting" but you are not exempt from prosecution for odometer fraud.



I was waiting for that.

Bet you paid cash for it, too, so you have no record of buying a replacement.

Stop talking about this to the police, your dad, or your brother right now and discuss this ONLY with the lawyer.
Click to expand...


I honestly don't remember how we paid. But I had no intention to lie to anyone about it.
 
That fact that the car was never sold makes all of this moot.
I don't know about your state, but in mine when I sell a vehicle and release the title there is a box to check that indicates mileage is not actual mileage. If you were to sell the car and deliberately provide false information that is probably the only way this would go bad for you.
In this case, just correct the ad and you will be fine. You won't be going to court based on this information.
 
No the car has not sold, and the officer when he pretended to be interested in it the day before was the only person who called me about it that seemed interested. One guy texted me and kept telling me he wanted to come look at it but wouldn't agree to letting me call him so we could talk more about it. In fact on the same day the officer called we noticed it was leaking something, so that has to be fixed as well.

On an Indiana title, when you fill out the stuff to sell it, there is a clear spot where you write the odometer reading. There are then two boxes you CAN check. One is that the "Mileage is in excess of mechanical limits" and the other says that the odometer is not the actual miles. However, on the front of the title where it lists the last miles, it says EXEMPT. So, when I were to sell it, obviously we would check the box that says it is not actual. I don't know how that would work for the next person when the title is registered, but at least we would show on the title it isnt actual.

It's a nice car, but its pretty rusty, and i like my new car a lot better. But now it seems this stupid mistake is going to cost me more than both of these cars combined.
 
Never respond to police requests to "talk".

You have no legal obligation to talk to anyone or explain anything.

When the police ask you to "talk", its a "trap".
It's a clever ploy used against stupid people to lock you into a position that WILL be used against you if the matter proceeds to trial.

Explaining means but one thing, you're building your own legal coffin.

Even the rich and famous are stupid, Martha Stewart, OJ, and why go on?

People who get paid to talk, aren't clever enough to do legal battle with the agents of law enforcement.

In most jurisdictions a simple misspeak, "I wore a red coat", when it was a "brown coat" could lead to a criminal charge, I give you Martha Stewart.

I've been a lawyer for a very long time.
The police know many things.
They can't prove many of those things UNTIL people start YAPPING like a silly puppy.
So, you bought a dashboard from a junkyard.
You have no receipt.
But, which junkyard, the cops ask?
Uh, Jim the Junkman you respond.
When, the cops ask.
Friday, about 3:00 PM.
I need not continue, do I?

Innocent comments, trying to establish a dastardly deed.

Big mistake, pal, commenting to those clever, crafty, cops.

Just so you know, you can't lie to the cops.
But, the cops can lie to you.

Don't play the game, unless you know the rules.

I've never been accused of any crime, never committed a crime.
If, someday I snap, suddenly going on a crime spree, and get nabbed by the police.

I know not to say anything to the police except, I surrender, my name is Joe Doe, I'm not talking,and I want a lawyer.
 
That's good advice Judge. I have seen videos of people even refusing to chit chat with officers when they are stopped for traffic violations.

Makes me want to do the same for any interactions with police, but cooperate as much as I am legally required.
 

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