2011 Louisiana Laws
Revised Statutes
TITLE 32 — Motor vehicles and traffic regulation
RS 32:392.1 — Impounding of vehicles; exceptions
§392.1. Impounding of vehicles; exceptions
A. Notwithstanding the provisions of R.S. 32:863.1 and any other law to the contrary, a motor vehicle stopped while being operated by a Louisiana resident shall not be impounded when the operator or the vehicle, or both, presents no imminent danger to the public. Instead, the law enforcement officer shall issue the resident operator a notice of noncompliance if for a violation of R.S. 32:863.1, or a citation or violation ticket and allow the operator to proceed. In addition, the law enforcement officer may remove the license plate from the vehicle.
B. For the purposes of this Section, "imminent danger to the public" means a present and apparent danger to the life, health, safety, or property of the public.
C. Subsection A of this Section shall apply only to a first violation. A law enforcement officer may impound a motor vehicle for a second or subsequent violation, when the motor vehicle involves a violation of Title 14 or Part X of Chapter 4 of Title 40 of the Revised Statutes of Louisiana of 1950, the motor vehicle or its contents is an instrument of a crime or has evidentiary value, or when the operator is operating a motor vehicle under suspension or revocation of his driver's license.
Acts 2010, No. 82, §1.
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