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Motor Vehicles | |
Traffic Code | |
Section 527 | Seizure and impoundment of vehicles by peace officers -- Impound requirements -- Removal of vehicle by owner -- Forfeiture. |
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41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impound
requirements -- Removal of vehicle by owner -- Forfeiture. (1) If a peace officer arrests, cites, or refers for administrative action the operator of a vehicle for violating Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530, 41-6a-606, 53-3-231, 53-3-232, or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle in accordance with Section 41-6a-1406, except as provided under Subsection (2). (2) If a registered owner of the vehicle, other than the operator, is present at the time of arrest, the peace officer may release the vehicle to that registered owner, but only if: (a) the registered owner: (i) requests to remove the vehicle from the scene; and (ii) presents to the peace officer sufficient identification to prove ownership of the vehicle or motorboat; (b) the registered owner identifies a driver with a valid operator's license who: (i) complies with all restrictions of his operator's license; and (ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530, 53-3-231, 53-3-232, or a local ordinance similar to Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to operate the vehicle; and (c) the vehicle itself is legally operable. (3) If necessary for transportation of a motorboat for impoundment under this section, the motorboat's trailer may be used to transport the motorboat. (4) A motor vehicle is subject to criminal or civil forfeiture under the procedures and substantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture Procedures Act, upon a finding by the court that: (a) the motor vehicle was used in a violation of Section 41-6a-502, 41-6a-517, a local ordinance which complies with the requirements of Subsection 41-6a-510(1), Subsection 58-37-8(2)(g), or Section 76-5-207; (b) the operator of the vehicle has previously been convicted of a violation committed after May 12, 2009, of: (i) a felony driving under the influence violation under Section 41-6a-502; (ii) a felony violation of Subsection 58-37-8(2)(g); or (iii) automobile homicide under Section 76-5-207; (c) the operator of the vehicle was driving on a denied, suspended, revoked, or disqualified license; and (d) (i) the denial, suspension, revocation, or disqualification under Subsection (4)(c) was imposed because of a violation of: (A) Section 41-6a-502; (B) Section 41-6a-517; (C) a local ordinance which complies with the requirements of Subsection 41-6a-510(1); (D) Section 41-6a-520; (E) Subsection 58-37-8(2)(g); (F) Section 76-5-207; or (G) a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of the sections or
ordinances described in Subsections (4)(d)(i)(A) through (F); or
Amended by Chapter 268, 2009 General Session |
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