2006 Code of Virginia § 46.2-301.1 - Administrative impoundment of motor vehicle for certain driving while license suspended or revoked ...

46.2-301.1. Administrative impoundment of motor vehicle for certain drivingwhile license suspended or revoked offenses; judicial impoundment uponconviction; penalty for permitting violation with one's vehicle.

A. The motor vehicle being driven by any person (i) whose driver's license,learner's permit or privilege to drive a motor vehicle has been suspended orrevoked for a violation of 18.2-51.4 or driving while under the influencein violation of 18.2-266, 46.2-341.24 or a substantially similar ordinanceor law in any other jurisdiction; (ii) driving after adjudication as anhabitual offender, where such adjudication was based in whole or in part onan alcohol-related offense, or where such person's license has beenadministratively suspended under the provisions of 46.2-391.2; or (iii)driving after such person's driver's license, learner's permit or privilegeto drive a motor vehicle has been suspended or revoked for unreasonablerefusal of tests in violation of 18.2-268.3, 46.2-341.26:3 or asubstantially similar ordinance or law in any other jurisdiction, shall beimpounded or immobilized by the arresting law-enforcement officer at the timethe person is arrested for driving after his driver's license, learner'spermit or privilege to drive has been so revoked or suspended. Theimpoundment or immobilization shall be for a period of 30 days.

The arresting officer, acting on behalf of the Commonwealth, shall servenotice of the impoundment upon the arrested person. The notice shall includeinformation on the person's right to petition for review of the impoundmentpursuant to subsection B. A copy of the notice of impoundment shall bedelivered to the magistrate and thereafter promptly forwarded to the clerk ofthe general district court of the jurisdiction where the arrest was made.Transmission of the notice may be by electronic means.

At least five days prior to the expiration of the period of impoundmentimposed pursuant to this section or 46.2-301, the clerk shall provide theoffender with information on the location of the motor vehicle and how andwhen the vehicle will be released.

All reasonable costs of impoundment or immobilization, including removal andstorage expenses, shall be paid by the offender prior to the release of hismotor vehicle. Notwithstanding the above, where the arresting law-enforcementofficer discovers that the vehicle was being rented or leased from a vehiclerenting or leasing company, the officer shall not impound the vehicle orcontinue the impoundment but shall notify the rental or leasing company thatthe vehicle is available for pickup and shall notify the clerk if the clerkhas previously been notified of the impoundment.

B. Any driver who is the owner of the motor vehicle that is impounded orimmobilized under subsection A may, during the period of the impoundment,petition the general district court of the jurisdiction in which the arrestwas made to review that impoundment. The court shall review the impoundmentwithin the same time period as the court hears an appeal from an orderdenying bail or fixing terms of bail or terms of recognizance, giving thismatter precedence over all other matters on its docket. If the person provesto the court by a preponderance of the evidence that the arrestinglaw-enforcement officer did not have probable cause for the arrest, or thatthe magistrate did not have probable cause to issue the warrant, the courtshall rescind the impoundment. Upon rescission, the motor vehicle shall bereleased and the Commonwealth shall pay or reimburse the person for allreasonable costs of impoundment or immobilization, including removal orstorage costs paid or incurred by him. Otherwise, the court shall affirm theimpoundment. If the person requesting the review fails to appear without justcause, his right to review shall be waived.

The court's findings are without prejudice to the person contesting theimpoundment or to any other potential party as to any proceedings, civil orcriminal, and shall not be evidence in any proceedings, civil or criminal.

C. The owner or co-owner of any motor vehicle impounded or immobilized undersubsection A who was not the driver at the time of the violation, maypetition the general district court in the jurisdiction where the violationoccurred for the release of his motor vehicle. The motor vehicle shall bereleased if the owner or co-owner proves by a preponderance of the evidencethat he (i) did not know that the offender's driver's license was suspendedor revoked when he authorized the offender to drive such motor vehicle or(ii) did not consent to the operation of the motor vehicle by the offender.If the owner proves by a preponderance of the evidence that his immediatefamily has only one motor vehicle and will suffer a substantial hardship ifthat motor vehicle is impounded or immobilized for 30 days, the court, in itsdiscretion, may release the vehicle after some period of less than 30 days.

D. Notwithstanding any provision of this section, a subsequent dismissal oracquittal of the charge of driving on a suspended or revoked license shallresult in an immediate rescission of the impoundment or immobilizationprovided in subsection A. Upon rescission, the motor vehicle shall bereleased and the Commonwealth shall pay or reimburse the person for allreasonable costs of impoundment or immobilization, including removal orstorage costs, incurred or paid by him.

E. Any person who knowingly authorizes the operation of a motor vehicle by aperson he knows has had his driver's license, learner's permit or privilegeto drive a motor vehicle suspended or revoked for any of the reasons setforth in subsection A, shall be guilty of a Class 1 misdemeanor.

F. Notwithstanding the provisions of this section or 46.2-301, nothing inthis section shall impede or infringe upon a valid lienholder's rights tocure a default under an existing security agreement. Furthermore, suchlienholder shall not be liable for any cost of impoundment or immobilization,including removal or storage expenses which may accrue pursuant to theprovisions of this section or 46.2-301. In the event a lienholderrepossesses or removes a vehicle from storage pursuant to an existingsecurity agreement, the Commonwealth shall pay all reasonable costs ofimpoundment or immobilization, including removal and storage expenses, to anyperson or entity providing such services to the Commonwealth, except to theextent such costs or expenses have already been paid by the offender to suchperson or entity. Such payment shall be made within seven calendar days aftera request is made by such person or entity to the Commonwealth for payment.Nothing herein, however, shall relieve the offender from liability to theCommonwealth for reimbursement or payment of all such reasonable costs andexpenses.

(1994, cc. 359, 363; 1994, 1st Sp. Sess., c. 10; 1995, cc. 426, 435; 1997,cc. 378, 478, 691; 2005, c. 312.)