What's happening
This bill requires police to impound vehicles driven by people arrested for intoxicated or impaired driving.
Why it matters
Statewide mandate. Law enforcement agencies throughout New York would have to impound vehicles after arrests for the specified intoxicated or impaired driving offenses, without waiting for a conviction.
Release restrictions. Arrestees would wait at least 12 hours to reclaim vehicles; qualifying owners or authorized drivers could retrieve them sooner. Anyone retrieving a vehicle must provide licensing, insurance and ownership or authorization documents and be able to drive safely.
Towing and storage costs. Police or authorized agents could charge reasonable towing and storage fees and keep vehicles until payment. Courts would retain their authority over vehicle release.
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Who cares
Law enforcement agencies
They would face mandatory impoundment duties and could establish additional reasonable release conditions.
Drivers arrested for impaired or intoxicated driving
They would lose immediate access to their vehicles and could face towing and storage charges.
Vehicle owners and families
Owners, authorized drivers and qualifying parents or guardians could retrieve vehicles if they meet the release requirements.
Authorized towing and storage operators
They could charge reasonable fees and retain impounded vehicles until those fees are paid.
Headline styles
Require Impoundment After Impaired Driving
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3935
2017-2018 Regular Sessions
IN ASSEMBLY
January 30, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to the impoundment of vehicles operated by intoxicated and or impaired persons
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1194 of the vehicle and traffic law is amended by adding a new subdivision 5 to read as follows:
5. Impoundment of vehicle operated by arrestee; conditions of release; fee for towing storage. (a) Whenever a person has been arrested for a violation of subdivision one, two, two-a, three, four or four-a of section eleven hundred ninety-two of this article, the law enforcement agency shall impound the vehicle that the arrestee was operating at the time of the arrest.
(b) A vehicle impoundment pursuant to this subdivision shall be impounded until the following conditions for the release of such vehicle are met:
(1) with respect to the release of the vehicle to the arrestee, for a period of not less than twelve hours from the time of the arrest;
(2) with respect to the release of the vehicle to a person other than the arrestee, where such vehicle is owned or leased by:
(A) that person and that person meets the conditions set forth in subparagraph three of this paragraph; or
(B) the arrestee, and the arrestee is at least eighteen years old or emancipated, and the arrestee gives written permission in a form and manner established by the commissioner, to another person to operate such vehicle, and such person meets the conditions for release as set forth in subparagraph three of this paragraph; or
(C) the arrestee, and the arrestee is under the age of eighteen and unemancipated, the vehicle may be released to the parent or legal guard-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08663-01-7
A. 3935 2
ian of the arrestee and such person meets the conditions for release set forth in subparagraph three of this paragraph.
(3) A vehicle impounded pursuant to this subdivision shall not be released unless the person claiming the vehicle:
(A) presents a valid operator's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for such vehicle;
(B) would not be in violation of subdivision one, two, two-a, three, four, four-a, five or six of section eleven hundred ninety-two or section eleven hundred ninety-two-a of this article in connection with the operation of such vehicle and is otherwise able to operate the vehicle in a safe manner; and
(C) meets any other reasonable conditions for the release established by the arresting law enforcement agency.
(c) A law enforcement agency that impounds a vehicle pursuant to this subdivision, or any duly authorized agent acting on behalf or upon the request of such law enforcement agency, is authorized to charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency or its duly authorized agent, is further authorized to retain custody of the vehicle until such fee is paid.
(d) Nothing contained in this subdivision shall prevent or supersede a court of competent jurisdiction from exercising its authority in connection with the release of a vehicle impounded pursuant to this subdivision.
(e) Nothing in this subdivision shall be deemed to prevent a law enforcement agency from exercising its discretion pursuant to section 140.20 of the criminal procedure law with respect to the release of persons who may represent a danger to themselves or others.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.