41-6a-527 - Seizure and impoundment of vehicles by peace officers -- Impound requirements -- Removal of vehicle by owner -- Forfeiture.
41-6a-527. Seizure and impoundment of vehicles by peace officers -- Impoundrequirements -- Removal of vehicle by owner -- Forfeiture.
(1) If a peace officer arrests, cites, or refers for administrative action the operator of avehicle for violating Section 41-6a-502, 41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530,41-6a-606, 53-3-231, 53-3-232, or a local ordinance similar to Section 41-6a-502 whichcomplies with Subsection 41-6a-510(1), the peace officer shall seize and impound the vehicle inaccordance with Section 41-6a-1406, except as provided under Subsection (2).
(2) If a registered owner of the vehicle, other than the operator, is present at the time ofarrest, the peace officer may release the vehicle to that registered owner, but only if:
(a) the registered owner:
(i) requests to remove the vehicle from the scene; and
(ii) presents to the peace officer sufficient identification to prove ownership of thevehicle or motorboat;
(b) the registered owner identifies a driver with a valid operator's license who:
(i) complies with all restrictions of his operator's license; and
(ii) would not, in the judgment of the officer, be in violation of Section 41-6a-502,41-6a-517, 41-6a-518.2, 41-6a-520, 41-6a-530, 53-3-231, 53-3-232, or a local ordinance similarto Section 41-6a-502 which complies with Subsection 41-6a-510(1) if permitted to operate thevehicle; and
(c) the vehicle itself is legally operable.
(3) If necessary for transportation of a motorboat for impoundment under this section, themotorboat's trailer may be used to transport the motorboat.
(4) A motor vehicle is subject to criminal or civil forfeiture under the procedures andsubstantive protections established in Title 24, Chapter 1, Utah Uniform Forfeiture ProceduresAct, upon a finding by the court that:
(a) the motor vehicle was used in a violation of Section 41-6a-502, 41-6a-517, a localordinance which complies with the requirements of Subsection 41-6a-510(1), Subsection58-37-8(2)(g), or Section 76-5-207;
(b) the operator of the vehicle has previously been convicted of a violation committedafter May 12, 2009, of:
(i) a felony driving under the influence violation under Section 41-6a-502;
(ii) a felony violation of Subsection 58-37-8(2)(g); or
(iii) automobile homicide under Section 76-5-207;
(c) the operator of the vehicle was driving on a denied, suspended, revoked, ordisqualified license; and
(d) (i) the denial, suspension, revocation, or disqualification under Subsection (4)(c) wasimposed because of a violation of:
(A) Section 41-6a-502;
(B) Section 41-6a-517;
(C) a local ordinance which complies with the requirements of Subsection 41-6a-510(1);
(D) Section 41-6a-520;
(E) Subsection 58-37-8(2)(g);
(F) Section 76-5-207; or
(G) a criminal prohibition that the person was charged with violating as a result of a pleabargain after having been originally charged with violating one or more of the sections or
ordinances described in Subsections (4)(d)(i)(A) through (F); or
(ii) (A) the denial, suspension, revocation, or disqualification described in Subsection(4)(c) is an extension imposed under Subsection 53-3-220(2) of a denial, suspension, revocation,or disqualification; and
(B) the original denial, suspension, revocation, or disqualification was imposed becauseof a violation described in Subsection (4)(d)(i)(A) through (G).
Amended by Chapter 268, 2009 General Session