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  i suspect this is unconstitutional because the state just seizes your car without any court hearing and forces you to pay some towing company money to store it for 30

Original Article

New law likely to boost impounds of cars
State enforcement agencies brace for tougher DUI rules, auto storage

Senta Scarborough The Arizona Republic Jan. 2, 2006 12:00 AM

Thousands more vehicles a year could be impounded across the state under a 2-month-old law that has law enforcement officers and tow truck drivers scrambling to keep up with the pace and has surprised drivers and car owners struggling to get their cars back.

The law took effect Nov. 1, and requires officers and deputies to impound vehicles for 30 days under certain circumstances, including underage drinking and driving, extreme and aggravated DUI and driving with a revoked or on some suspended licenses.

"It is stopping those that have a great potential for causing collisions and injury to people on the roads," Tucson police Sgt. Christopher Andreacola said. "Our process prior to this was we write you a ticket. The problem is the people doing this behavior showed a propensity to ignore those tickets and do nothing about it and keep driving."

Tucson has impounded about 1,000 vehicles, while the Department of Public Safety has impounded nearly 600, Mesa more than 360 and Chandler and Scottsdale about 200 vehicles each. In the past, vehicles were often towed, but there was no mandatory 30-day impound and owners could retrieve their vehicles much more easily. Now, an owner can't get the vehicle out until certain criteria are met, depending on the offense. Agencies said they expect to have a better idea of the full effect of the new law after six months.

Increased workload

Early on, law enforcement agencies are struggling to handle the increased workload to train officers, educate the public and handle additional paperwork and inquiries and mandated impound hearings. Some agencies have hired or reassigned staff to deal with it. Police have created brochures to help educate drivers when a car is impounded and many have information on Web sites in English and Spanish.

Statewide, thousands of cars have been impounded, although not all agencies are enforcing the law in earnest.

In Scottsdale, police have impounded BMWs, Porsches, Hummers and collectible classic hot-rod street cars. Others are hardly worth the fees to get them out of storage, police said.

"This is very clearly sending a message to people who drink and drive that this is not going to be tolerated," Scottsdale Lt. Tony Gibson said. "They are already driving on suspended license, and there is a high risk of killing folks. Taking their car is the only way to slow them down."

Many of the impounded vehicles aren't driven by the owners, who are surprised that their cars have been impounded and they're on the hook for the bill to get it out.

Police can only deal with the car owner, a lien holder, an authorized attorney or a spouse to get the car released. Many of those cars impounded have been released before the 30 days, ranging from a third to nearly a half of the impounds, depending on the agency.

"You get the son who will call trying to not tell the parents. But the car belongs to the parents," Gibson said. "And professional businesspeople who have been arrested in the company car."

Police say it is too soon to tell what the real impact will be, saying holiday DUI task force numbers may have inflated the impounds and officers are still becoming familiar with the law.

In Mesa, officers often come to work on Mondays with 90 phone messages from drivers and car owners and dozens of people in the lobby. Scottsdale and Mesa are trying to find a way to handle more Spanish-speaking car owners and drivers calling for information or coming in for assistance than anticipated.

But often people come unprepared and they don't read information given to them when the car is impounded. Other agencies say callers fail to give enough information for them to contact them.

Similar to Calif. laws

Former Phoenix Police Chief Harold Hurtt started the push for the new law based on similar laws in California aimed as a deterrent to unsafe driving, said Phoenix Detective Tom Van Dorn, an agency attorney.

Gilbert and Phoenix aren't enforcing the law yet. Phoenix is still in the process of hiring civilian staff, developing training and creating a database for the mandated hearings. They hope to start by March and estimate impounding about 5,000 cars a year, Van Dorn said.

The Arizona law is full of twists and turns, raising questions with law enforcement agencies and the public.

The law requires law enforcement agencies to conduct post-storage hearings, where vehicle owners can contest the legal grounds for the impound. Police must notify the registered owners and lien holders within two days by certified mail and owners have 10 days after the impound to request a hearing. Police must hold the hearing within five days.

Towing companies that already are towing cars under police contracts also handle the 30-day impounds. The new law requires a towing company to store the vehicle at a cost of up to $15 a day, or $450 for 30 days.

Richard Thompson, owner of Valley Express Towing, who holds contracts with Mesa, the Department of Public Safety, Gilbert and the Maricopa County Sheriff's Office, said the increased impounds have filled his storage yard and forced him to get another one. Thompson is unsure of the financial impact to his business because under some police contracts, he can charge more for daily storage.

"I think it is a good law. It is about time we are cracking down on these drivers," Thompson said. "I like that it makes people more responsible, and I think it works."