(A) Whenever an officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this chapter and the deputy has arrested the operator or person in physical control of the vehicle for any of the offenses set forth in § 72.02, the officer shall provide for the towing of the vehicle to a facility authorized by the county. Prior to or at the time the vehicle is towed, the officer shall notify or make a reasonable attempt to notify the owner or any person identifying himself or herself as the owner of the vehicle, or any person who is found to be in physical control of the vehicle at the time of the allege offense, or the fact of the seizure and of the vehicle owner’s right to request a preliminary vehicle impoundment hearing to be conducted in accordance with § 72.05(A) and hearing pursuant to § 72.05(B). The vehicle shall be impounded pending the completion of the hearing(s) provided for in § 72.05, unless the owner of the vehicle or someone on his or her behalf posts with the county a cash bond in the amount of $200 and pays the towing and storage charges.
(B) Notwithstanding the provisions of division (A) above, the arresting officer may release the vehicle prior to towing if the vehicle subject to seizure and impoundment was not owned by the person placed under arrest and the registered owner or some other person legally authorized to possess the vehicle shall arrive at the scene of the arrest prior to the actual removal or towing of the vehicle and the lawful owner or the person lawfully entitled to possession of the vehicle possesses a valid operator’s license, proof of ownership or registration, proof of liability insurance and would not, as determined by the arresting police officer, indicate a lack of ability to operate the motor vehicle in a safe manner, or who would otherwise, by operating the motor vehicle, not be in violation of the State Vehicle Code. If the vehicle subject to seizure and impoundment is owned by the person under arrest, the arresting Deputy may, prior to the actual removal of towing of the vehicle, release the vehicle to another person with the written consent of the owner, provided that such other person possesses a valid operator’s license, proof of liability insurance and would not, as determined by the arresting deputy, indicate a lack of ability to operate the motor vehicle in a safe manner or who would otherwise, by operating the motor vehicle, not be in violation of the State Vehicle Code.
(Res. passed 8-12-2008)