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Arkansas Code Title 27. Transportation § 27-22-109. Impounding a motor vehicle for a violation

Current as of March 28, 2024 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Arkansas Code Title 27. Transportation § 27-22-109. Impounding a motor vehicle for a violation - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-27-transportation/ar-code-sect-27-22-109/

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