What's happening
This bill requires law enforcement to impound vehicles operated by intoxicated or impaired drivers and sets conditions and fees for release.
Why it matters
Mandates immediate vehicle impoundment whenever someone is arrested for driving while intoxicated or impaired. , ensuring the vehicle is not accessible to the arrestee for at least 12 hours. This could act as a significant deterrent and immediate consequence for impaired driving.
Sets strict requirements for releasing an impounded vehicle. , including proof of valid driver’s license, insurance, and that the person retrieving the car is sober and authorized. This reduces the risk of vehicles being returned to unsafe or unauthorized drivers.
Allows law enforcement to charge reasonable towing and storage fees. , which may create financial consequences for offenders and could impact repeat behavior, while also helping municipalities recoup costs related to enforcement.
Retains judicial and law enforcement discretion for special circumstances. , meaning courts and police still have flexibility in unique or emergency situations, balancing public safety with individual rights.
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Who cares
Law enforcement agencies
The bill would require them to impound vehicles driven by people arrested for specified intoxicated or impaired driving offenses and allow them to set reasonable release conditions.
Drivers arrested for intoxicated or impaired driving
They would face a wait of at least 12 hours before their vehicle could be released to them, along with release requirements and potential towing and storage fees.
Vehicle owners and parents or legal guardians
The bill would establish conditions for owners to reclaim vehicles driven by someone else and for parents or guardians to retrieve vehicles owned or leased by unemancipated minors who were arrested.
Authorized towing and storage operators
Those acting for law enforcement could 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
3567
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 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 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.
LBD07771-01-9
A. 3567 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.
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