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Vehicle Impound Information
If your vehicle
has been impounded recently, you probably have many questions
related to that circumstance. The following is a list of Frequently Asked
Questions
and their respective answers. We hope this information assists you
throughout
this process.
Frequently
Asked Questions:
Why was my vehicle impounded?
For how long will my
vehicle be impounded?
How do I get
my vehicle back and how much will it cost?
To whom can the vehicle be
returned?
What if someone other than the owner was driving the vehicle when it was
impounded?
What will happen if I
cannot claim my vehicle?
Can I get my
vehicle back before the 30 days is up?
At the end of the 30 days, can I just go to the towing company and get my
vehicle?
When may I request a hearing?
If I am found "not guilty" of criminal or traffic charges, will that affect the
impound of my vehicle?
Why was my
vehicle impounded?
Arizona
law requires law enforcement agencies to impound (“tow”) a motor vehicle when
the driver is in violation of certain provisions.
These are as follows:
The
driver is in an accident, AND has no insurance, AND has a suspended, revoked or
cancelled
driver license for any reason.
The
driver’s operating privilege is revoked for any reason.
The
driver’s operating privilege is suspended for any reason.
The
driver is arrested for either Extreme DUI or Aggravated DUI and/or has failed to
install court-ordered interlock device.
The
driver is under legal drinking age and has any alcohol in their body.
For how long
will my vehicle be impounded?
The law
requires that vehicles impounded under these conditions be held for a period of
thirty (30) days before being released.
In some cases you may be eligible to have the vehicle released sooner, such as
if you get your license status
reinstated by the Motor Vehicle Division or the courts.
PLEASE NOTE –
(1) If your vehicle was impounded by another law enforcement agency, such as the
Maricopa
County Sheriff’s Office or the Department of Public Safety, you must contact
that agency directly for
assistance in obtaining the release of your vehicle.
(2) If your vehicle was impounded as evidence of a crime these procedures DO NOT
apply to you.
Please contact the TPD Detective Unit handling your
case for additional information.
How do I get my
vehicle back and how much will it cost?
On or after the 30th
day of impound OR if you
get your license reinstated, your vehicle will generally
be eligible for release to you. To get it back, follow these
steps:
Call 480-350-8465 to request a
Post Storage Hearing.
At the time of your hearing you
must:
Bring with you a
VALID driver license, VALID vehicle insurance and VALID vehicle registration.
Please note that
you may have to go to court or the Motor Vehicle Division first if your license
was suspended,
revoked or cancelled, and/or if your vehicle registration was expired or
cancelled. We cannot release your
vehicle to you until these documents are valid and current. NOTE – if your
driving privilege cannot
be restored by the end of the 30-day impound period (for example, it has been
suspended for one year), you
may bring a fully licensed driver with you to drive the car upon release. You
must still have valid vehicle registration
and insurance before the vehicle will be released.
You must pay an
administrative fee of $150
to the City of Tempe. Payment
must be in the form of Mastercard,
Visa, or money-order ONLY.
Upon payment of the fee
you will be given a release form that you must take to the towing company.
At the towing
company, you must pay the towing and storage fees.
Payment is made directly to the
towing company by money order, certified check or credit card. If you come to
the tow yard at other than
normal business hours, you may be charged a gate fee. You must also
present proof of your identity and
ownership to the tow company.
If you do not claim your
vehicle when it is available for release the towing company will file for
abandoned
title to the vehicle.
To whom
can the vehicle be returned?
The owner, the
owner’s spouse, their agent (such as an attorney or other
designee), or a lien holder are the only
persons who
can have the vehicle released.
What if someone other than the owner was driving the vehicle when it was
impounded?
The owner may be
able to get the vehicle back prior to the 30-day period, usually by signing an
agreement
with the Police Department. The owner of the vehicle is still responsible for
paying all fees and charges in
order to have the vehicle released. If someone else was driving, you may have to
seek civil action against the
driver for any expenses you incur as a result of the impound.
What will happen if I
cannot claim my vehicle?
If you do not claim
your vehicle when it is eligible for release, the towing company will
automatically file
a request with the Arizona Motor Vehicle Division to assume title of your
vehicle. The towing company would
then become the legal owner of the vehicle and may salvage or auction it. If you
have difficulty in paying for
the towing and storage, you should at least contact the towing company if you
wish to retain ownership of
your vehicle.
Can I get my
vehicle back before the 30-days is up?
Under certain
limited circumstances, you may be able to have the vehicle returned to you prior
to the end of
the 30-day period. This will require a hearing. You may be eligible to have the
vehicle released early only if
you meet one of the following conditions or circumstances:
If the owner presents proof satisfactory that the
owner’s driving privilege has been reinstated.
If the vehicle was reported stolen at the time it
was impounded,
If the vehicle is subject to bailment and was
driven by an employee of a business establishment including
a parking service or repair garage, who is subject to ARS §28-3511-A or B.
If ALL of the following apply – the owner
or owner’s agent was not the person driving in violation at
the time
of the impound, AND the owner or the owner’s agent is in the business of
renting motor vehicles without drivers,
AND the vehicle is registered pursuant to ARS §28-2166.
In certain
situations, the spouse of the owner may enter into a written agreement with the
Police Department
that they will not let a driver arrested for Extreme or Aggravated DUI, or a
minor in possession of alcohol, to
drive the vehicle within one year. If the agreement is violated, there is no
relief available from the 30-day impound
period the next time. In addition, we shall release a
vehicle to a person, other than the owner, identified on
MVD’s record as having an interest in the vehicle before the end of the 30 day
if ALL of the following conditions
are met:
(1) The person is a
motor vehicle dealer, bank, credit union or acceptance corporation or any other
licensed
financial institution legally operating in this state or is another person who
is not the owner and who holds a
security interest in the vehicle; AND
(2) the person pays
all towing and storage fees related to the impoundment of the vehicle unless the
vehicle is
stolen and the theft was reported to the appropriate law enforcement agency. If
the vehicle was stolen and the
theft was reported to the appropriate law enforcement agency, the operator of
the vehicle at the time of impoundment
is responsible for all towing, storage and administrative charges; AND
(3) The person presents foreclosure documents or
an affidavit of repossession of the vehicle.
At the end of the 30-days, can I just go to the towing company and get my
vehicle?
No, the towing
company is not allowed to release an impounded vehicle without paperwork from
the Tempe
Police Department. You must follow the claim process outlined above.
When may I
request a hearing?
Hearings may be requested by
calling 480-350-8465 at any time during the 30 day period.
If I am found “not guilty” of criminal or traffic
charges, will that affect the impound of my vehicle?
No. As long as the
officer impounded your vehicle according to the law and our procedures,
the outcome of any trial is not relevant.
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