(a) (1) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if the officer issues a citation for a traffic violation that is classified as an offense under § 27-50-302 and the operator has:
(A) Received three (3) or more warnings for a violation of § 27-22-104;
(B) Pleaded guilty or nolo contendere to or been found guilty of three (3) or more violations of § 27-22-104; or
(C) Received a total of three (3) or more warnings for a violation of § 27-22-104 or convictions for a violation of § 27-22-104.
(2) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur:
(A) The driver is operating a motor vehicle on a cancelled, suspended, or revoked driver's license in violation of § 27-16-303;
(B) The driver is operating the motor vehicle without a driver's license in violation of § 27-16-602; or
(C) The driver is operating a motor vehicle:
(i) Without a license plate in violation of § 27-14-304;
(ii) With an unofficial license plate in violation of § 27-14-305;
(iii) With improper use of evidence of registration in violation of § 27-14-306; or
(iv) With false evidences of title or registration in violation of § 27-14-307.
(b) If a motor vehicle is impounded under this section:
(1) The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable;
(2) The provisions of § 27-50-1201 et seq. regarding the towing and storage of motor vehicles shall apply;
(3) An inventory of the contents of the motor vehicle shall be taken; and
(4) The owner, operator, or other person in charge of the vehicle:
(A) Has the right to contest the impoundment; and
(B) Shall be given notice at the time of impoundment of the right to contest the impoundment consistent with § 27-50-1207.
(c) (1) If a motor vehicle is properly and lawfully impounded under this section, the following are responsible for all reasonable towing, recovery, storage, and other incidental costs:
(A) The operator of the vehicle;
(B) The owner of the vehicle; or
(C) Both the owner and the operator of the vehicle.
(2) This subsection applies even if the owner has insurance but fails to present proof of insurance.
Section: Previous 27-22-102 27-22-103 27-22-104 27-22-105 27-22-106 27-22-107 27-22-109 27-22-110 27-22-111 NextLast modified: November 15, 2016