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Impound law takes effect
By Mike Branom, Tribune
November 1, 2005

Arizonans driving without licenses are about to get some motivation to obey the law.

Effective today, police will automatically impound vehicles belonging to unlicensed motorists.

The 30-day impoundment was up to the discretion of authorities when the law went into effect in mid-August.

Now, its mandatory.

Also at risk of losing their vehicles are those still driving despite some types of suspended licenses, people driving while extremely intoxicated and people who have been drinking and are under the legal age limit.

The law already called for impounding vehicles belonging to unlicensed, uninsured motorists who got into crashes resulting in an injury or property damage.

Sen. Jim Waring, R-Phoenix, one of the laws co-sponsors, said the idea was to protect insured motorists by taking unsafe, unlicensed and uninsured drivers "out of circulation."

"Theres no more just driving away," said Waring, who represents Carefree, Cave Creek and parts of Scottsdale. "That was very frustrating for people, and I dont blame them."

Rep. Robert Meza, D-Phoenix, another cosponsor, said hes heard anecdotal evidence from insurance agents that drivers are complying with the law in response to the threat of losing their vehicles.

"Get people insured, that was the overall goal," said Meza.

But the Arizona Insurance Information Association said its too early to prove such an uptick exists.

In Arizona, 16 percent of injury claims are caused by uninsured motorists, said James Fredrickson, the associations executive director.

Towing law As of today, police can tow a vehicle when:

The driver has never been issued a license or permit, or does not produce evidence of a license from another jurisdiction. (Mexican licenses qualify.)

The persons driving privilege is revoked for any reason.

The persons driving privilege is suspended because of a DUI conviction, for having been convicted of driving on a suspended license, or for too many moving violations.

The driver is being arrested on suspicion of extreme DUI or aggravated DUI.

The driver is under the legal drinking age and has any alcohol in his or her body.

The persons driving privilege is canceled, suspended, or revoked, the person has never been issued a driver license or permit or does not produce evidence of a driver license from another jurisdiction (Mexican licenses qualify) AND the person cannot provide proof of insurance AND the person is involved in a crash that results in property damage or injury to or death of another person.

But a vehicle cannot be towed when:

The vehicle is currently registered, proof of insurance is provided AND the drivers spouse is present at time of arrest AND there is reason to believe the spouse has a valid license, is not impaired in any manner or has not consumed alcohol if under the legal drinking age AND the spouse notifies authorities and complies with driving the vehicle to the drivers home or other safe place.

The vehicle is owned by the drivers parent or guardian AND the driver is arrested on suspicion of being under the legal drinking age with alcohol in the body; but not for extreme DUI or aggravated DUI.

Contact Mike Branom by email, or phone (480) 898-6536