Chapter 10.32
IMPOUNDMENT OF VEHICLES FOR DRIVING UNDER THE INFLUENCE OR DRIVING WITH A SUSPENDED LICENSE
Sections:
10.32.010 State law incorporated.
10.32.020 Grounds for impoundment.
10.32.030 Commercial vehicles.
10.32.040 Period of impoundment.
10.32.050 Redemption of impounded vehicles.
10.32.060 Early release of vehicle.
10.32.070 Rental car businesses.
10.32.080 Car dealerships and lenders.
10.32.090 Post-impoundment hearing procedures.
10.32.010 State law incorporated.
Applicable provisions of Chapter 46.55 RCW, as now or hereafter amended, are hereby incorporated by reference, except as specifically provided otherwise herein. (Ord. 6-2008 § 1)
10.32.020 Grounds for impoundment.
Whenever the driver of a vehicle is arrested for a violation of:
A. Driving under the influence (DUI) as defined in RCW 46.61.502;
B. Physical control of vehicle while under the influence (PCUI) as defined in RCW 46.61.504;
C. Driving while license suspended or revoked (DWLS/R) as defined in RCW 46.20.342; or
D. Driving under other license while license suspended or revoked (DUOLWLS/R) as defined in RCW 46.20.345;
the vehicle is subject to impoundment at the direction of an officer of the San Juan County sheriff’s office pursuant to the authority of RCW 46.55.113. For purposes of this chapter, “arrested” shall include, but is not limited to, being temporarily detained and served with a citation and notice to appear pursuant to RCW 46.64.015. Any impoundment shall be by written authorization, which may include a notice of infraction or citation, clearly denoting the sheriff’s department’s authority to impound. (Ord. 6-2008 § 2)
10.32.030 Commercial vehicles.
Notwithstanding the provisions of SJCC 10.32.020, Grounds for impoundment, when an arrest is made for a violation of DWLS/R or DUOLWLS/R, as defined in RCW 46.20.342 or 46.20.345, if the vehicle is a commercial vehicle and the driver of the vehicle is not the owner of the vehicle, before impoundment the arresting officer shall attempt in a reasonable and timely manner to contact the owner of the vehicle and may release the vehicle to the owner if the owner is reasonably available, as long as the owner was not in the vehicle at the time of the stop and arrest and the owner has not received a prior release under this provision or under SJCC 10.32.060, Early release of vehicle. (Ord. 6-2008 § 3)
10.32.040 Period of impoundment.
Impoundment shall be for a length of time as follows:
A. If a vehicle is impounded because the driver is arrested for a violation of DUI as defined in RCW 46.61.502 or PCUI as defined in RCW 46.61.504, the vehicle shall be impounded for 12 hours.
B. If a vehicle is impounded because the driver is arrested for a violation of DWLS/R in the third degree, as defined in RCW 46.20.342(1)(c), and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle shall be impounded for 15 days.
C. If a vehicle is impounded because the driver is arrested for a violation of DWLS/R in the third degree, as defined in RCW 46.20.342(1)(c), and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of RCW 46.20.342 or a similar local ordinance within the past five years, the vehicle shall be impounded for 30 days.
D. If a vehicle is impounded because the driver is arrested for a violation of DWLS/R in the first degree or second degree, as defined in RCW 46.20.342(1)(a) or (b), or of DUOLWLS/R, as defined in RCW 46.20.345, and the Washington Department of Licensing’s records show that the driver has not been convicted of a violation of RCW 46.20.342(1)(a) or (b) or 46.20.345 or a similar local ordinance within the past five years, the vehicle shall be impounded for 30 days.
E. If a vehicle is impounded because the driver is arrested for a violation of DWLS/R in the first degree or second degree, as defined in RCW 46.20.342(1)(a) or (b), or DUOLWLS/R, as defined in RCW 46.20.345, and the Washington Department of Licensing’s records show that the driver has been convicted one time of a violation of RCW 46.20.342(1)(a) or (b) or 46.20.345 or a similar local ordinance within the past five years, the vehicle shall be impounded for 60 days.
F. If a vehicle is impounded because the driver is arrested for a violation of DWLS/R in the first degree or second degree, as defined in RCW 46.20.342(1)(a) or (b), or of DUOLWLS/R, as defined in RCW 46.20.345, and the Washington Department of Licensing’s records show that the driver has been convicted two or more times of a violation of RCW 46.20.342(1)(a) or (b) or of RCW 46.20.345 or a similar local ordinance within the past five years, the vehicle shall be impounded for 90 days. (Ord. 6-2008 § 4)
10.32.050 Redemption of impounded vehicles.
Impounded vehicles may be redeemed as follows:
A. Only the registered owner, a person authorized in writing by the registered owner, or a person who has purchased the vehicle from the registered owner who produces proof of ownership or written authorization and signs a receipt therefor may redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to this chapter must, prior to redemption, establish that he or she has a valid driver’s license and is in compliance with the requirements for financial responsibility set forth in Chapter 46.29 RCW.
B. Any person redeeming an impounded vehicle shall pay the tow truck operator for the costs of impoundment, including removal, towing and storage, and an administrative fee of not more than $100.00 prior to redeeming the vehicle. The tow truck operator shall accept payment in accordance with RCW 46.55.120, as now or hereafter amended. If the vehicle was impounded upon the driver’s arrest for a violation of DWLS/R, as defined in RCW 46.20.342, or a violation of DUOLWLS/R, as defined in RCW 46.20.345, and the driver was the registered owner, the vehicle may not be released to any person until all penalties, fines or forfeitures owed by the registered owner have been satisfied. A vehicle impounded pursuant to this chapter may be released only pursuant to a written order from the San Juan County sheriff’s office or a court order. (Ord. 6-2008 § 5)
10.32.060 Early release of vehicle.
Notwithstanding the provisions of SJCC 10.32.040, Period of impoundment, the San Juan County sheriff is authorized to release a vehicle impounded pursuant to this chapter upon the driver’s arrest for a violation of DWLS/R, as defined in RCW 46.20.342, or DUOLWLS/R, as defined in RCW 46.20.345, prior to the expiration of any period of impoundment:
A. Upon petition of the spouse or domestic partner of the driver based on economic or personal hardship to such spouse or domestic partner resulting from the unavailability of the vehicle, and after consideration of the threat to public safety that may result from the release of the vehicle, including, but not limited to, the driver’s criminal history, driving record, license status, and access to the vehicle; or
B. Upon petition of the registered owner of the vehicle where the registered owner was not the driver, the registered owner did not know that the driver’s license was suspended or revoked, and the registered owner has not received a prior release under this provision or under SJCC 10.32.030, Commercial vehicles.
C. In order to avoid discriminatory application, the San Juan County sheriff shall deny release without discretion in all circumstances other than for the reasons set forth in this section. If an early release is authorized, the person redeeming the vehicle shall be responsible for all removal, towing and storage fees before the vehicle may be released. An impounded vehicle for which early release is authorized may be released only pursuant to a written order from the San Juan County sheriff’s department. (Ord. 6-2008 § 6)
10.32.070 Rental car businesses.
Notwithstanding the provisions of SJCC 10.32.050, Redemption of impounded vehicles, a rental car business may immediately redeem a rental vehicle it owns, if the driver was a paying customer of the rental car business, upon payment of the costs of removal, towing and storage. (Ord. 6-2008 § 7)
10.32.080 Car dealerships and lenders.
Notwithstanding the provisions of SJCC 10.32.050, Redemption of impounded vehicles, a motor vehicle dealer or a lender with a perfected security interest in the vehicle may immediately redeem or lawfully repossess the vehicle upon payment of the costs of removal, towing and storage. (Ord. 6-2008 § 8)
10.32.090 Post-impoundment hearing procedures.
Any person seeking to redeem a vehicle impounded under this chapter has a right to a hearing before the district court to contest the validity of the impoundment or to contest the amount of the removal, towing and storage costs, if such request is made in writing, in a form approved by the district court and signed by such person, and is received by the district court within 10 days, including Saturdays, Sundays and holidays, of the earlier date of the date the notice was mailed to such person pursuant to RCW 46.55.110, or the date the notice was given to such person by the tow truck operator pursuant to RCW 46.55.120(2)(a). Such hearing shall be held in accordance with RCW 46.55.120(2) and (3).
At the hearing, an abstract of the driver’s driving record is admissible without further evidentiary foundation and is prima facie evidence of the status of the driver’s license, permit, or privilege to drive and that the driver was convicted of each offense shown on the abstract. In addition, a certified vehicle registration of the impounded vehicle is admissible without further evidentiary foundation and is prima facie evidence of the identity of the registered owner of the vehicle.
No determination of facts made at a hearing under this section shall have any collateral estoppel effect on a subsequent criminal prosecution and such determination shall not preclude litigation of those same facts in a subsequent criminal prosecution. (Ord. 6-2008 § 9)