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In Arizona, being convicted of certain offenses can result in having your vehicle impounded for 30 days. Vehicle impoundment means holding a vehicle in a storage lot or tow yard for a mandatory amount of time. It is important to know what to do if your vehicle gets impounded in Surprise Arizona, including how to get your car back.
In Arizona, it is possible to have your vehicle impounded for committing certain traffic offenses and moving violations. Impoundment is a vehicle hold that is required by state law with only some exemptions for early vehicle release. Arizona Revised Statute Section 28-3511 states that a peace officer has the right to remove and either immobilize or impound a vehicle for 30 days if he or she determines that the person driving the vehicle has committed a certain offense, such as:
Typically, a 30-day vehicle impoundment is reserved for serious moving violations, such as driving while intoxicated with a minor under the age of 15 in the vehicle or having multiple DUIs. In many cases, multiple factors or aggravating circumstances must be present to have a vehicle impounded.
Grounds for contesting a vehicle impoundment may include errors or specific circumstances that exempt the owner. Arizona law allows a post-impound hearing if the owner believes the impound was unjust. Valid grounds include:
Submit a hearing request within ten days of impoundment. According to the Phoenix Police Department, these hearings allow owners to challenge the impoundment and may lead to early release or reduced fees.
Arizona may allow fee reductions for financial hardship, but it is not automatic. Some cities review requests on a case-by-case basis. Contact the impound lot to discuss options such as payment plans. Providing proof of income or hardship may support your request. Although fee waivers are rare, assistance may be available depending on your situation.
In this case, you might still be responsible for retrieval fees but could be eligible for an early release under certain conditions. Arizona law allows the registered owner to recover the vehicle within 30 days if they can prove they were unaware the driver lacked a valid license or if the driver was a licensed and insured immediate family member. In these cases, the vehicle owner may need to submit:
This exemption can benefit owners who unknowingly allow an unlicensed driver to use their vehicle. Contact the impounding agency to determine the specific steps and documentation needed for early release.
Vehicle owners are generally permitted to retrieve personal items from an impounded vehicle, though procedures may vary by location. Under Arizona law, you may access certain personal belongings, like clothing, documents, or electronics, while the car is impounded. Nevertheless, impound facilities may restrict access to certain items, such as vehicle parts or tools. To retrieve belongings, you typically need to:
Always check with the specific impound lot, as procedures may vary by jurisdiction.
If your motor vehicle gets taken under Arizona’s 30-day impound law, you will receive a Notice of Impoundment. This document will contain all the information that you need to retrieve your vehicle at the end of the mandatory holding period, such as the storage company’s name and the location of the car. You will have the right to a hearing to attempt to get your vehicle out early. You must request this hearing within 10 days of the impound. Your impound hearing will be before a police officer from the department that impounded your vehicle, not a judge.
During your impound hearing, you or your Scottsdale criminal defense attorney can argue that you did not commit the charge(s) for which your vehicle was impounded. An attorney can help you gather and present evidence to support this claim. If successful, you will be able to get your car out of a mandatory hold early. Unfortunately, you will still be responsible for paying all fees and charges associated with the impoundment.
It costs money to get your vehicle back after it has been legally impounded. You will have to pay for the price of towing your vehicle to the holding lot and a daily storage fee. The maximum storage fee allowed in Arizona is $25 per day. If a storage lot uses the maximum fee, 30 days’ worth of fees would equal $750. In addition, you may have to pay a $150 administrative fee to the city. These costs come in addition to fulfilling any other requirements that are necessary to have the vehicle released to you, such as reinstating your driver’s license.
Certain situations allow for early release, such as if the owner was unaware of the driver’s license status. Other exemptions include cases where a minor drove the vehicle without permission. Eligible owners should provide documentation and contact the police department or impound lot to request an exemption.
Rental companies can reclaim impounded vehicles before 30 days, as they are the legal owners. Typically, rental companies retrieve vehicles by providing proof of ownership and insurance. As the rental agreement outlines, renters are often responsible for impound-related fees.
If you don’t retrieve your vehicle after 30 days, it may be auctioned to cover unpaid fees. Arizona law allows impound facilities to sell unclaimed vehicles after 30 days, with proceeds used to cover storage and towing costs. Unpaid balances may be sent to collections, potentially affecting your credit. To avoid losing the vehicle, contact the impound lot before the deadline.
If an impound hearing does not result in the vehicle’s release, owners may appeal the decision in court. According to the County Government, the appeal process can be intricatre, often requiring additional evidence to prove the impound was unjust. Key steps include:
You may verify an impound lot’s compliance with Arizona standards by reviewing state regulations or contacting local authorities. Impound facilities are required to meet specific security, storage, and owner access standards. If you suspect the impound lot is not adhering to these, consider filing a complaint with the Arizona Department of Transportation (ADOT) or the local police department. Regular inspections and licensing requirements are in place to ensure impound lots follow legal guidelines.
Currently, there are no significant amendments to the Arizona 30-Day Impound Law, though periodic updates could impact enforcement. Keeping track of legislative changes is fundamental for vehicle owners, as laws regarding impoundment and fees may change over time. Law firms or legal advocacy groups often provide updates on relevant traffic law changes, and consulting a knowledgeable attorney can help ensure you stay informed about any adjustments to Arizona’s impound regulations.
Most people rely on their vehicles to get to and from work, school, church and other important places. Having your vehicle taken away and impounded for 30 days can have a major impact on your life. You may also be facing additional consequences for the underlying offense that you allegedly committed, such as fines, jail time and the loss of your driver’s license.
A criminal defense attorney in Arizona can help you deal with vehicle impoundment. Your lawyer can defend you against criminal charges that resulted in the impoundment of your vehicle, for example. Your lawyer can also assist you with the necessary steps to get your car back, such as reinstating your driver’s license, paying all necessary fees, filling out the release paperwork, and proving your identity and vehicle ownership.
For more information about how to navigate Arizona’s 30-day impound law, contact The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer for a free case consultation.
Experienced Personal Injury & Criminal Defense Attorney
John Phebus is a seasoned attorney specializing in personal injury and criminal defense law. With a focus on DUI defense, vehicular crimes, and serious injury cases, John has been fiercely advocating for his clients, ensuring they receive the representation and compensation they deserve. His expertise and dedication have led to numerous successful outcomes. If you’re seeking a knowledgeable and passionate attorney who will fight for your rights, John Phebus is here to help.
Years of experience: +30 years
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney John Phebus, who has more than 20 years of legal experience as a personal injury attorney.
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