What's happening
This bill authorizes law enforcement to impound vehicles of drivers arrested for driving while impaired or intoxicated under specified conditions.
Why it matters
Mandates automatic impoundment. Law enforcement must impound the vehicle of anyone arrested for DWI or DWAI, making the seizure a required, not discretionary, action. This increases the immediate consequences for impaired driving and may deter potential offenders.
Sets strict release conditions. The vehicle cannot be released to the arrested person for at least 12 hours, reducing the risk of repeat offenses shortly after arrest. If another person claims the vehicle, they must prove ownership or lawful authority, have valid insurance, and be legally able to drive, which adds layers of protection against further misuse.
Allows agencies to recover costs. Police or their agents can charge reasonable towing and storage fees and keep the vehicle until those are paid, shifting financial responsibility to offenders and possibly adding a financial deterrent to impaired driving.
Preserves judicial and police discretion. Courts can override these impoundment rules, and police can still act in cases where an arrested person poses an ongoing danger, ensuring flexibility in unique or urgent situations.
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Who cares
Law enforcement agencies
The bill would require them to impound vehicles operated by people arrested for specified impaired-driving or intoxicated-driving violations and verify conditions for release.
Drivers arrested for impaired or intoxicated driving
They could not reclaim their vehicles until at least 12 hours after arrest and could face towing and storage fees.
Vehicle owners, lessees, parents and legal guardians
They could recover impounded vehicles under specified conditions, including showing a valid license, authority to operate the vehicle and valid insurance.
Authorized towing and storage operators
The bill would allow them to charge reasonable towing and storage fees and retain vehicles until those fees are paid.
Headline styles
Impound Cars for Drunk 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
2672
2019-2020 Regular Sessions
IN ASSEMBLY
January 24, 2019
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 authorizing the impoundment of motor vehicles operated by persons driving while ability impaired or while intoxicated
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 motor vehicle; conditions for release; fees for towing and storage. (a) Whenever a person is 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 of the arresting police officer shall impound the motor vehicle that such person was operating at the time of such violation.
(b) A motor vehicle impounded pursuant to this subdivision shall be impounded until:
(1) with respect to the release of the motor vehicle to the person charged with the violation authorizing such impoundment, for a period of not less than twelve hours after the time of the arrest; or
(2) (i) with respect to the release of the motor vehicle to a person other than the person charged with a violation of section eleven hundred ninety-two of this article:
(A) the motor vehicle is owned or leased by such person,
(B) the motor vehicle is owned or leased by the person charged with a violation of section eleven hundred ninety-two of this article, and such person is eighteen years of age or older or emancipated, and grants written permission, in a form and manner established by the commissioner, to the person, to whom the vehicle is to be released, to operate such vehicle, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04711-01-9
A. 2672 2
(C) the motor vehicle is owned or leased by the person charged with a violation of section eleven hundred ninety-two of this article and such person is under the age of eighteen and unemancipated, such vehicle may be released to the parent or legal guardian of such person, and
(ii) the motor vehicle impounded pursuant to this subdivision shall not be released to a person other than the person who was arrested for operating the vehicle in violation of section eleven hundred ninety-two of this article, unless the person claiming such vehicle:
(A) presents a valid driver's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for such vehicle,
(B) is able to operate such vehicle in a safe manner and that would not be in violation of section eleven hundred ninety-two or eleven hundred ninety-two-a of this article, and
(C) meets any other reasonable conditions for release established by the law enforcement agency.
(c) A law enforcement agency impounding a vehicle pursuant to this subdivision, or any duly authorized agent acting on behalf or upon request of such law enforcement agency, is authorized to charge a reasonable fee for the towing and storage of the impounded motor vehicle. The law enforcement agency or such duly authorized agent is authorized to retain custody of such vehicle until the fee is paid.
(d) No provision of this subdivision shall be deemed to prevent or supersede a court of competent jurisdiction from exercising its authority relating to the release of a motor vehicle impounded pursuant to this subdivision.
(e) No provision of 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 arrested 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.
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