§ 698.101. Impoundment of vehicle operated by arrestee.

a.

Whenever a person has been arrested for a violation of New York State Vehicle & Traffic Law ("NYSVTL"), Section 1192(1), 1192(2), 1192(3), 1192(4), 1192(5) 1192(6), and/or 1192-a, the arresting law enforcement agency as described in Section 698.102 herein shall impound the vehicle that the person was operating at the time of arrest.

b.

A vehicle impounded pursuant to this section shall be impounded until the following conditions for the release of said vehicle are met:

(1)

With respect to the release of the vehicle to the arrestee, for a period of not less than 12 hours from the time of arrest;

(2)

With respect to the release of the vehicle to a person other than the arrestee, where:

(a)

Said vehicle is owned or leased by that person and that person meets the conditions for release as set forth in subsection (3), below; or

(b)

Said vehicle is owned or leased by the arrestee, and the arrestee is at least eighteen years old or emancipated, and the arrestee gives written permission in a form and manner established pursuant to Section 698.103(b), to another person to operate said vehicle, and such person meets the conditions for release as set forth in subsection (3), below; or

(c)

Said vehicle is owned or leased by the arrestee, and the arrestee is under the age of eighteen and unemancipated, the vehicle may be released to the parent or legal guardian of the arrestee and such person meets the conditions for release set forth in subsection (3.), below.

(3)

A vehicle impounded pursuant to this section shall not be released unless the person claiming the vehicle:

(a)

Presents a valid operator's license, proof of ownership or lawful authority to operate the motor vehicle, and proof of valid motor vehicle insurance for that vehicle;

(b)

Would not be in violation of NYSVTL Section 1192(1), 1192(2), 1192(3), 1192(4), 1192(5) 1192(6), and/or 1192-a in connection with the operation of such vehicle and is otherwise able to operate the vehicle in a safe manner; and

(c)

Meets any other reasonable conditions for release established by the arresting law enforcement agency.

c.

A law enforcement agency as described in section 698.102 herein that impounds a vehicle pursuant to this section, or any duly authorized agent acting on behalf or upon the request of such law enforcement agency, is authorized to charge a reasonable fee for towing and storage of the vehicle. The law enforcement agency as described in section 698.102 herein, or its duly authorized agent, is further authorized to retain custody of the vehicle until such fee is paid.

d.

Nothing contained in this chapter shall prevent or supercede a court of competent jurisdiction from exercising its authority in connection with the release of a vehicle impounded herein.

(Added by L.L. No. 13-2003)