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Impounded Vehicles


HOURS, LOCATION & PAYMENT INFORMATION

MONDAY THROUGH FRIDAY
First session at 9:00AM to 11:00AM and second session 2:00PM to 4:00PM, the last hearing is taken at 3:45PM.
CLOSED LEGAL HOLIDAYS AND WEEKENDS

LOCATION

SAN LUIS POLICE DEPARTMENT
1030 E UNION STREET, SAN LUIS, AZ

PAYMENT INFORMATION

PAYMENT CAN BE MADE IN THE FORM OF CASH, CASHIER'S CHECK
AND/OR MONEY ORDER MADE OUT TO "THE CITY OF SAN LUIS".
PAYMENT CAN ALSO BE MADE BY ELECTRONIC FUNDS TRANSFER
AND DEBIT/CREDIT CARD.

REASON FOR IMPOUNDING/TOWING A VEHICLE UNDER 3511

Under ARS 28-3511 Arizona State Law requires vehicles be towed for 30 DAYS for any of the following eight violations:

SUSPENDED DRIVER'S LICENSE
REVOKED DRIVER'S LICENSE
NO DRIVER'S LICENSE AND NO RECORD OF EVER HAVING ONE
CANCELLED DRIVER'S LICENSE (Must also be involved in a collision and not provide insurance)
EXTREME DUI
AGGRAVATED DUI
DRIVER UNDER 21 WITH ANY AMOUNT OF ALCOHOL IN THEIR SYSTEM
VIOLATION OF AN IGNITION INTERLOCK REQUIREMENT

CLAIMING YOUR VEHICLE

Basic Information:

  1. How to determine if you qualify for an early release and what to do if you believe you qualify.
  2. Instructions about how to get your vehicle after the 30 days has expired.
  3. What to do if the 30 days has expired and your driver's license is still not valid.
  4. An option if the 30 days has expired and you live out of state and cannot return to get the vehicle released to you.

EARLY RELEASE INFORMATION

IF YOU MEET ONE OF THE CRITERIA BELOW AND CAN PROVIDE THE REQUIRED DOCUMENTS, YOU MAY POSSIBLY QUALIFY TO HAVE YOUR VEHICLE RELEASED EARLY AND CAN PROCEED TO THE POLICE STATION LISTED BELOW DURING RELEASE HOURS (9:00AM - 11:00AM OR 2:00PM TO 4:00PM - Monday through Friday).

The following are common situations where The San Luis Police Department (SLPD) may be able to release the vehicle early. The required document list is provided after the impound situations. If you do not see your situation listed here, you may check the other examples listed at the bottom of this section.

IMPOUND FOR SUSPENDED/REVOKED/CANCELLED/NO DRIVER'S LICENSE:

  1. You are the owner/driver and have reinstated your license with the court AND MVD.
  2. You are the owner, were not driving, and you sign an Agreement of Operation which basically states you will not allow a driver (including yourself) to drive your car and violate 28-3511 again within the next year anywhere in the State of Arizona. The Agreement will be explained fully at the time of the release.

IMPOUND FOR EXTREME/AGGRAVATED DUI OR DRIVER UNDER 21 WITH ALCOHOL IN SYSTEM:

  1. The vehicle will NOT be released early to the driver if they own the vehicle
  2. If the owner or spouse was not driving, and they can provide all required documents, and sign an Agreement of Operation which basically states they will not allow a driver of their car to violate 28- 3511 again within the next year anywhere in the State of Arizona. The Agreement will be explained fully at the time of the release.

IMPOUND FOR IGNITION INTERLOCK VIOLATION:

  1. If the driver is the car owner, they must have a device installed in the vehicle while it is at the tow yard, and they must provide paperwork showing it was installed.
  2. If the owner was NOT the driver, and they do not have an interlock restriction, no installation is required. They can provide all the required documents and sign an Agreement of Operation which basically states they will not allow a driver of their car to violate 28- 3511 again within the next year anywhere in the State of Arizona.

THE VEHICLE IS A RENTAL CAR AND WAS BEING DRIVEN BY A RENTER AT THE TIME OF IMPOUND:

  1. Early release will be granted if all required documents are provided ALONG WITH the rental contract and letterhead authorizing their assigned employee to recover the vehicle on the company's behalf. That employee must also provide credentials showing he/she works for the rental car company.

THE VEHICLE IS BEING REPOSSESSED:

  1. Early release will be granted if the Lien Holder is repossessing the vehicle and can provide ALL required documents. Refer to (Lienholder and repossession information) for release information and required documents.

IN ALL CASES, THE FOLLOWING DOCUMENTS ARE REQUIRED AND MUST BE PROVIDED IN PERSON AT THE TIME OF THE REQUEST FOR EARLY RELEASE:

  1. Your valid driver's license
  2. Current insurance for the impounded vehicle
  3. Current registration on the impounded vehicle. It must be current and not have a Mandatory Insurance "M/I" suspension on the plate. If the paper registration is in your car, you do not need to bring it and we will try to look it up in our computer.
  4. A money order, cashier's check made out to the City of San Luis or electronic funds transfers or debit/credit card for $75.00 must be paid in full.
  5. The pink or yellow copy of the vehicle impound report, or the SLPD Case Number.
  6. If you are the spouse, and not listed on the registration, you must provide your marriage license.
  7. If you were required to have an ignition interlock device installed, you must have paperwork from the company showing it was installed on the vehicle which is currently impounded.
  8. Rental car companies must provide the rental contract and letterhead authorizing their assigned employee to recover the vehicle on the company's behalf. That employee must also provide credentials showing he/she works for the rental car company.
  9. Lien Holders, refer to (Lienholder and repossession information) for required document information not listed above.

IF YOU BELIEVE YOU MAY QUALIFY FOR AN EARLY RELEASE, YOU MAY TAKE ALL OF THE REQUIRED DOCUMENTS TO THE MAIN LOBBY OF THE SAN LUIS POLICE STATION AT 1030 E UNION STREET. See the "hours, Location, Payment Information" for current release hours and information.

At that time, we will review the vehicle history and your documents. If early release is authorized, we will give you the release paperwork you will need for the tow company. Early release is based on Arizona State Law and the vehicle history. We are unable to take personal circumstances/hardships into account.

Presentation of fraudulent documents is a crime. All documents will be verified, and violators will be prosecuted.

You may be eligible to retrieve your vehicle early/before the end of the 30-day impound period if any of these additional conditions apply:

It was driven by an employee of a business (including a parking service or repair garage) and the employer's vehicle is subject to bailment (leased vehicle)

A valid stolen vehicle report has been filed because the vehicle was stolen (A VALIDITY HEARING MUST BE REQUESTED AND CONDUCTED IF YOU ARE CLAIMING THE VEHICLE WAS STOLEN. Refer to the "Request a Hearing" link for further information.)

If you believe an error was made, and you request a hearing within 10 days of the date of impound, and the Hearing Officer determines the impound was invalid. Refer to the "Request a Hearing" link for further information.

POST 30 DAY RELEASE INFORMATION

TO RETRIEVE YOUR VEHICLE ON OR AFTER THE 30 DAYS HAS EXPIRED YOU MUST PROVIDE THE FOLLOWING:

  1. Your valid driver's license
  2. Current insurance for the impounded vehicle
  3. Current registration on the impounded vehicle. It must be current and not have a Mandatory Insurance "M/I" suspension on the plate. If the paper registration is in your car, you do not need to bring it and we will try to look it up in our computer.
  4. A money order, cashier's check made out to the City of San Luis or electronic funds transfers or debit/credit card for $75.00 must be paid in full.
  5. The pink or yellow copy of the vehicle impound report, or the SLPD Case Number.
  6. If you are the spouse, and not listed on the registration, you must provide your marriage license.
  7. If you were required to have an ignition interlock device installed, you must have paperwork from the company showing it was installed on the vehicle which is currently impounded.
  8. Rental car companies must provide the rental contract and letterhead authorizing their assigned employee to recover the vehicle on the company's behalf. That employee must also provide credentials showing he/she works for the rental car company.
  9. Lien Holders, refer to associated link for release information and required documents.

Presentation of fraudulent documents is a crime. All documents will be verified, and violators will be prosecuted.

If the 30 days have expired and I own the car but my driver's license is not valid, or I live out of state and cannot come in for the release?

If you are the owner, you may use a Limited Power of Attorney to assign power of attorney to someone with a valid DL. THE POWER OF ATTORNEY CAN ONLY BE USED AFTER THE 30 DAYS HAS EXPIRED.

You must fill out the Power of Attorney (link below) and have it signed and notarized, then you must give the original notarized form to the person you are assigning P.O.A to and they will bring it to the Police Department with all of the required documents (listed above).

Click here for a blank Limited Power of Attorney to release my vehicle. The Power of Attorney may only be used AFTER the 30 days has expired.

The towing company is prohibited from releasing this vehicle to you unless you have the SLPD release form.

You must pay all towing and storage fees and you must show the towing company photo identification and proof of ownership in order for this vehicle to be released to you.

Tow Company Info/Fees
Please note: If your vehicle is unclaimed for more than ten (10) days after the 30 days has expired, under Arizona law the towing company may file a claim for an abandoned title and seek ownership of this vehicle on the 41st day of impound. If you will be delayed in getting your vehicle, please contact the towing company to make them aware you are not abandoning the vehicle.

For more information contact the Records Division at 928-341-2460.
Lien Holder & Repossession Information
Lien Holders must meet the requirements of Arizona Revises Statutes (A.R.S.) 28-3512.D, E, F and G

LIEN HOLDERS

A lien holder may be a motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle. The lien holder must have been the lien holder on the MVD record at the time of the tow or impound in order to be granted a release. The lien must still be in force in order for the lien holder to qualify.

REQUIRED INFORMATION/DOCUMENTS

The Lien Holder or company representative must present the following information:

In addition to the following items, you must have a valid driver's license in your state of domicile and your privilege to drive in Arizona must not be suspended. A. All lien holders or their agents (tow truck drivers, etc.) must provide the following documents - ALL DOCUMENTS MUST BE ORIGINAL, NO COPIES WILL BE ACCEPTED:

  1. Proof that the person acting as the company representative is indeed an employee. This can be in the form of a business card or an authorizing letter on company letterhead. A private individual may simply present a driver's license and or a combination of ID that will suffice to ensure they are who they purport to be.
  2. A notarized Affidavit of Repossession from the Motor Vehicle Division
  3. A notarized "hold harmless" letter which in affect states that the lien holder will hold the police department harmless from any civil actions as a result of the release of the vehicle.
    a. The following information may be included in the "hold harmless" letter or as a separate notarized document
    1. The debtor's name
    2. The account number, or at a minimum, the last four numbers/letters of the loan or account number
    3. Vehicle description including the vehicle year, make, model, and the vehicle identification number (VIN)
  4. Power of Attorney
    1. The "power of attorney" may be included in the "hold harmless" letter or as a separate notarized document
    2. Valid until revoked by the grantor
    3. Can be written by hand or typed - letterhead is not necessary.
    4. Must be notarized
  5. In lieu of the affidavit from the Motor Vehicle Division or Power of Attorney, the lien holder may present a "Writ of Replevin" from any court. A "Writ of Replevin" is a court order to repossess property and must list the vehicle's description including the identification number (VIN).

NOTE: Regardless of what paperwork the lien holder presents, any document longer than a single page, where the notary stamp/seal falls on the last page, shall reference the vehicle in question by VIN, license or account/loan number on each page.

In all circumstances, if the vehicle is being released early (prior to the 30th day of the impound), the "hold harmless" letter must also contain a paragraph containing the following information:

"In accordance with the provisions of ARS S28-3511 and ARS S28-3512, (name of lien holder) agrees not to release the vehicle to the current registered owner of the vehicle if they were the driver at the time of the impoundment. We understand that if we do give this vehicle to this individual prior to the 30th day, we will face legal sanctions. We further understand that in accordance with the provisions of ARS S28-3512, the San Luis Police Department agrees to release the listed vehicle upon payment of all charges and fees with the understanding that if [in the future] the authorized party (lien holder) allows an unlicensed driver or a driver who is arrested for ARS S4-244 (Minor Consuming Alcohol), S28-1382

(Extreme DUI) or S28-1383 (Aggravated DUI) within one year from the signing of this Agreement, then the vehicle shall not be eligible for release from future impoundment before the end of a 30 day period."

Before a LIEN HOLDER, as described above, releases the vehicle to the owner who was operating the vehicle at the time of removal and immobilization or impoundment, the LIEN HOLDER shall require the owner to present and shall retain for a period of at least three years from the date of releasing the vehicle a copy of all of the following:

A driver license issued by this state or the owner's or owner's agent's state of domicile.

A current vehicle registration or a valid salvage or dismantle certificate of title.

Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

The LIEN HOLDER may require the owner to pay charges that the person incurred in connection with obtaining custody of the vehicle, including all immobilization, towing and storage charges that are related to the immobilization or impoundment of the vehicle and any administrative charges that are established pursuant to section 28-3513

Repossession Companies

A recovery agent will be required to present:

A valid driver's license with photo AND

All of the items from the LIEN HOLDER section above and the following on a notarized letter on the lien holder's letterhead:

The debtor's name, last four digits of loan or account number, vehicle description including: the vehicle year, make, model, and Vehicle Identification Number (VIN).

Request a Validity Hearing

TO QUALIFY TO HAVE A VALIDITY HEARING YOU MUST MEET THE FOLLOWING REQUIREMENTS:

  1. You must request the hearing within 10 days of the date of the impound.
  2. You must be contesting the validity of the impound, meaning you believe the Officer made an error when impounding your vehicle, or you believe an error was made by someone else (MVD or the Court System) and the vehicle should not have been impounded.
  3. You must be the owner of the car, on record with the Motor Vehicle Department, at the time the vehicle was impounded.
  4. You may be the attorney appointed by the owner. You must be currently licensed to practice law in the State of Arizona and have a letter from the owner showing they are giving you authority to request, and participate in, the hearing on their behalf.
  5. If you are the Lien Holder you may request a hearing if you believe the impound was invalid. If you only desire an early release for repossession, go to the "Lien Holder and Repossession" link and the "Claiming Your Vehicle" link.

A VALIDITY HEARING IS NOT USED TO SEE IF YOU QUALIFY FOR AN EARLY RELEASE. To determine if you qualify for an early release, go to the link for "Claiming Your Vehicle/Early Release Information".

TO REQUEST A VALIDITY HEARING:

You must go IN PERSON to the San Luis Police Department located at 1030 E Union Street in San Luis Monday through Friday between 8:00AM and 4:00PM. Speak with Records Personnel at the front desk and tell them you are requesting a validity hearing. They will take your information and schedule you to be called by the Hearing Officer within 5 BUSINESS days of your request. If the Hearing Officer is available, they may be able to hear you case at the time of your request. If the Hearing Officer is not available, you will be called on the phone within 5 business days and the hearing will be conducted over the phone. Hearings usually take about 15 minutes. If we have difficulty contacting you by phone, after you have made the request, we will try to contact you two times before closing the hearing.
3511 LAW

ARTICLE 9. SUSPENDED DRIVER LICENSE ENFORCEMENT

28-3511. Removal and immobilization or impoundment of vehicle
28-3512. Release of vehicle; civil penalties; definition
28-3513. Administrative charges
28-3514. Hearings; notice of immobilization or storage
28-3515. Unclaimed vehicles
Revised towing law:
28-872. Removal of vehicles; notice; liability for costs; hearing

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