With how reliant we are as a society on vehicles, it can be incredibly stressful and inconvenient to have your vehicle impounded. Whether it is getting to and from work, taking your kids to school, running errands, or traveling to visit friends and family, Berry Law is here to help you ensure your car has not been improperly impounded.
Generally speaking, police are not able to impound your vehicle simply for being involved in a routine traffic stop. However, in situations such as the vehicle being involved in a crime, is evidence of a crime, or becomes an issue of public safety, then the vehicle is subject to being impounded.
If your vehicle was impounded by the police, a criminal defense lawyer at Berry Law can provide a free consultation to explore any and all potential legal remedies available to you.
Improper Grounds for Impounding Your Vehicle
Pursuant to the Omaha Police Department Policies and Procedures Manual, police cannot seize and impound a vehicle solely to punish a driver or owner. Minor traffic stop infractions such as lack of registration, expired in-transits / registration, no proof of insurance, or improperly displayed plates can never be the sole basis of impounding a car.
Additionally, in the event of a crash, a vehicle that can be safely locked and left on the street is not required to be impounded.
When Can Police Impound Your Car: Proper Grounds for Impounding Your Vehicle
There are various reasons that police can impound your car. Among the most common causes of police impounding a vehicle are evading the police, driving under the influence of alcohol or drugs, drag racing, or stolen vehicle.
The police are also tasked with keeping the streets cleared of any vehicles parked “in violation of the ‘Peak Hour’ ordinances or parked on a public street in a manner that creates a public nuisance.” If a vehicle is found to be blocking a driveway, a fire hydrant, or parked in a bus zone for example, the police can tow and impound the vehicle.
If a stolen vehicle is recovered during a traffic stop or robbery investigation, it will be impounded and “processed for evidence by the OPD Forensic Investigations Unit prior to release of the vehicle.”
What Happens to My Vehicle After it is Impounded?
After your vehicle is impounded, the police are required to document and complete an OPD Impounded Vehicle Report. They must note the reason for impounding the vehicle and typically conduct a complete inventory of the vehicle prior to it being towed. However, in some instances when a search warrant for the vehicle is being obtained an inventory will not be completed until the warrant is obtained pursuant to the OPD PPM.
How Do I Get My Vehicle Released from Impound?
The circumstances surrounding the reason for impounding the vehicle will often dictate the steps necessary for the owner to have the vehicle released from police impound. For example, if the vehicle was “towed as the result of unpaid parking tickets [it] will only be released after the OPD Vehicle Impound Lot confirms that the tickets have been paid.”
Vehicle owners are often required to pay additional fees to secure the release of their vehicle. If the vehicle was towed and impounded due to the neglect of the owner (e.g., unpaid tickets, public nuisance, illegally parked) then the owner must pay all towing fees and fees related to the impounding of the vehicle. Typically, a daily storage fee is associated with the impounding of a vehicle.
In the event a proper owner disputes the fees associated with the towing and impounding of the vehicle, a “Fee Waiver Request” may be completed and submitted to the OPD Vehicle Impound Lot. The waiver is to be reviewed by a manager who is able to waive fees at their discretion and is required to provide an explanation for any fees not waived.
Contact a Criminal Law Attorney
Helping Citizens With Their Criminal Defense Needs When Police Impound Your Car
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