vehicle impounds; postorage
hearings
House Bill 2478 transfers the responsibility for post storage hearings pertaining to impounded vehicles from the Arizona Department of Transportation Motor Vehicle Division (MVD) to the law enforcement agency ordering the impound. In the event that the law enforcement agency does not provide a post-storage hearing, HB 2478 specifies that a justice court shall conduct the post-storage hearing.
Laws 2001, Chapter 377 allows peace officers to impound a vehicle upon determining that the driving privilege of the person operating the vehicle is (1) revoked; (2) revoked or suspended for a driving under the influence conviction; (3) suspended for a previous conviction of driving on a suspended license; or (4) suspended for accumulating too many points as a result of convictions for moving violations.
Current statute specifies that MVD is required to conduct post-storage hearings if the vehicle is ordered impounded for any of the above reasons regardless of which law enforcement agency ordered the impound. However, A.R.S. § 28-872 (F) provides that if a police officer orders the removal of a vehicle, the agency employing the officer shall conduct the post-storage hearing within forty-eight hours. This section was added by Laws 1987, Chapter 198.
· Transfers the responsibility for post storage hearings pertaining to impounded vehicles from the Arizona Department of Transportation Motor Vehicle Division (MVD) to the law enforcement agency ordering the impound.
· Specifies that if the impounding agency does not conduct a post-storage hearing, a justice court shall conduct the hearing.
· Requires post-storage hearings conducted by a justice court to be considered as civil filings for the purpose of judicial productivity credits.
· Removes the provision that a vehicle may be impounded if the operator is suspended based on administrative action by MVD that increased the suspension period as a result of a conviction for driving on a suspended license.
· Allows a vehicle to be impounded if the person operating the vehicle is under an extended suspension resulting from a conviction for operating a vehicle while under suspension for a driving under the influence conviction.
· Clarifies that a vehicle may be released from impound upon order of a justice court conducting the post-storage hearing.
· Makes technical and conforming changes.