In most instances, however, the police are not permitted to hold the vehicle if a properly authorized and licensed driver comes to the lot and asks that it be released. You should ask for release of the vehicle as soon as possible, even if the police had the right to tow it. The right to tow a vehicle is not the same as the right to keep it.
If you don't ask, however, the police or storage company will claim that you left it in their lot voluntarily, or abandoned it, and will charge you storage fees.
A licensed driver with proof of liability insurance should be the one who asks for the car. If this person is not the owner of the vehicle, he or she should be accompanied by the owner, or have a notarized power of attorney signed by the owner. If the car doesn't have valid plates, you will not be permitted to drive it off the lot.
You must either bring valid plates or arrange to have the car towed away. If you ask, and the lot refuses to return the vehicle to you, you may need an order from the court to get it released.
The refund form and instructions on what information you need to provide is available from the WA Police Vehicle Impound website. The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.
Impounding and confiscation of vehicles. Quick Answers Video: Impounding and Confiscation. What does impounding mean? What does confiscating mean? What offences might result in my car being impounded or confiscated? Road rage offences: Reckless driving or driving at reckless speed, in a way that is dangerous to a particular victim, or Offences involving an assault or property damage, triggered by something that happened when you and the victim were out on the road.
How long can my vehicle be impounded for? It depends on the type of offence. Some may have just broken down, and a tiny minority might even be in good working order. Whatever the circumstances of its seizure, the police will take it to an on-site impound, which is generally at the nearest local police station. From there, the owner has 7 days to produce the relevant documents that will allow them to reclaim the vehicle, and a further 7 days to recover it.
Usually this will need to be done by a professional third party, often a scrap yard or similar professional with access to the relevant vehicles and equipment.
In fact, police still entitled to statutory fees that will have been incurred in getting it to the impound. There are a few possible exceptions, such as medicines and medical equipment, as well as intensely personal items such as cash, credit cards and keys.
The police might do this in one of several ways. Law enforcement is not looking for evidence of a crime in these searches; rather, they are intended to document the contents of the vehicle itself.
This is also to protect the police from any hidden dangers that may be in the vehicle, or accusations of theft. These inventory searches do not require a warrant, and they do not require probable cause. How thorough these impound searches can be will depend on the laws of your state. In almost every state, officers can take inventory of any object that is out in plain view. Some states allow officers to search every bit of the impounded vehicle for their inventory search, while other states allow only a brief sweep of the car for items.
There is a chance that you may not be able to stop an inventory search before it happens. However, if the police impound your vehicle and find evidence of a crime in it, and you are then charged with a crime, you may be able to contest the search. If you are successful, the evidence found in the search will not be admissible in court.
It is important to note that when you are fighting the inventory search, you will need to prove that the officers acted unreasonably, or acted in bad faith. Making this argument can be difficult, but not impossible. An example of this would be if the officers purposely violated the law in order to impound and search your vehicle.
That would be considered an instance of acting in bad faith, and the evidence found during the search could be inadmissible in court.
However, honest mistakes are not considered to be sufficient enough to win an argument regarding an inventory search. If your vehicle has been impounded by the police, you should consult with a skilled and knowledgeable criminal lawyer.
An experienced and local criminal lawyer attorney will provide you with advice regarding your rights and options. Additionally, the police are not always mindful of when it is appropriate to tow and impound a vehicle. If you believe that your vehicle was unjustly impounded, or searched illegally once it was impounded, a criminal attorney can provide assistance.
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