Impounding motor vehicle for violation

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  1. (a)

    1. (1) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if the officer issues a citation for a traffic violation that is classified as an offense under § 27-50-302 and the operator has:

      1. (A) Received three (3) or more warnings for a violation of § 27-22-104;

      2. (B) Pleaded guilty or nolo contendere to or been found guilty of three (3) or more violations of § 27-22-104; or

      3. (C) Received a total of three (3) or more warnings for a violation of § 27-22-104 or convictions for a violation of § 27-22-104.

    2. (2) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur:

      1. (A) The driver is operating a motor vehicle on a cancelled, suspended, or revoked driver's license in violation of § 27-16-303;

      2. (B) The driver is operating the motor vehicle without a driver's license in violation of § 27-16-602; or

      3. (C) The driver is operating a motor vehicle:

        1. (i) Without a license plate in violation of § 27-14-304;

        2. (ii) With an unofficial license plate in violation of § 27-14-305;

        3. (iii) With improper use of evidence of registration in violation of § 27-14-306; or

        4. (iv) With false evidences of title or registration in violation of § 27-14-307.

  2. (b) If a motor vehicle is impounded under this section:

    1. (1) The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable;

    2. (2) The provisions of § 27-50-1201 et seq. regarding the towing and storage of motor vehicles shall apply;

    3. (3) An inventory of the contents of the motor vehicle shall be taken; and

    4. (4) The owner, operator, or other person in charge of the vehicle:

      1. (A) Has the right to contest the impoundment; and

      2. (B) Shall be given notice at the time of impoundment of the right to contest the impoundment consistent with § 27-50-1207.

  3. (c)

    1. (1) If a motor vehicle is properly and lawfully impounded under this section, the following are responsible for all reasonable towing, recovery, storage, and other incidental costs:

      1. (A) The operator of the vehicle;

      2. (B) The owner of the vehicle; or

      3. (C) Both the owner and the operator of the vehicle.

    2. (2) This subsection applies even if the owner has insurance but fails to present proof of insurance.


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