Why Was My Vehicle Impounded?

Mandatory vehicle impounds occur for the following reasons, based on Arizona State Statutes:

• The driving privileges of the person driving the vehicle are suspended or revoked for any reason (Ariz. Rev. Stat. § 28-3511. A.1.a).
• The person driving the vehicle has never been issued a license or permit in Arizona or in any other jurisdiction. (Ariz. Rev. Stat. § 28-3511. A.1.b)
• The person is subject to a certified ignition interlock device requirement and was operating a vehicle without a functioning certified ignition interlock device. (Ariz. Rev. Stat. § 28-3511. A.1.c)

• The person is driving a vehicle in violation of Reckless Driving Ariz. Rev. Stat. § 28-693) and the officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death (Ariz. Rev. Stat § 28-3511A.2).

• The person is driving a vehicle in violation of Racing on highways (Ariz. Rev. Stat. § 28-708) and the deputy reasonable believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death (Ariz. Rev. Stat. § 28-3511A.3)

• The vehicle is displayed for sale or for transfer of ownership with a vehicle identification number that has been destroyed, removed, covered, altered or defaced. (Ariz. Rev. Stat. § 28-3511. A.5)

• The driver was involved in a collision resulting in either property damage OR injury/death of another person AND fails to produce evidence of financial responsibility as required by Title 28 AND the driver’s license is cancelled or revoked OR according to MVD records the driver has never been issued a driver’s license/permit AND the driver did not produce any driver’s license issued by any jurisdiction (Ariz. Rev. Stat. § 28-3511. B)

• The officer has probable cause to arrest the person driving the vehicle for Underage DUI, (Ariz. Rev. Stat. §4-244.34) Extreme DUI (Ariz. Rev. Stat. §28-1382) or Aggravated DUI (Ariz. Rev. Stat. §28-1383). (Ariz. Rev. Stat. § 28-3511.C)
• The person is obstructing a highway or other public thoroughfare in violation of Ariz. Rev. Stat. § 13-2906 and the officer reasonably believes that allowing the person to continue driving the vehicle would expose other persons to the risk of serious bodily injury or death (Ariz. Rev. Stat. § 28-3511A.4)

Hearings to Request Release of Impounded Vehicles:

If your vehicle was impounded for one of the above reasons, you may request a hearing for release of the vehicle.  

ALL VEHICLE HEARINGS ARE CONDUCTED MONDAY THROUGH FRIDAY (EXCLUDING HOLIDAYS) 8:00 AM TO 4:30 PM

The owner, owner’s spouse, lien holder, repossession agent or other party with a financial interest in the vehicle may request a vehicle release hearing within ten (10) days from the date of the Vehicle Impound Notice for the purpose of any vehicle release. (Ariz. Rev. Stat. § 28-3514) The hearing will be scheduled within five (5) business days, excluding weekends and holidays from the date requested. (Ariz. Rev. Stat. § 28-3514).

TO REQUEST VEHICLE RELEASE, PLEASE CONTACT THE ADMINISTRATIVE TEAM AT (928) 226–5012.

Please note that to be eligible to request a hearing, you must be the owner or lien holder as listed by the Motor Vehicle Department at time the vehicle was impounded. Transfers of registration or lien after the impounding of the vehicle cannot be honored per state statute (exception see below Legal Spouse Affidavit).

If You are the Registered Owner:  

Upon completion of the Post-Storage Hearing, it was determined by A.R.S. 28-3512, the vehicle is eligible for release before the 7/20 day period as follows: 

1. To the registered owner, if the vehicle is a stolen vehicle.

2. To the registered owner, if the vehicle is subject to bailment and is driven by an employee of a business establishment, including a parking service or repair garage, who is subject to section 28-3511, subsection A, B or C.

3. To the registered owner, if the owner was operating the vehicle at the time of removal and either immobilization or impoundment and presents proof satisfactory to the immobilizing or impounding agency that the owner has a valid driver license or the owner's driving privilege has been reinstated.

4. To the registered owner, if all of the following apply:

(a) The owner or the owner's agent was not the person driving the vehicle pursuant to section 28-3511, subsection A.

(b) The owner or the owner's agent is in the business of renting motor vehicles without drivers.

(c) The vehicle is registered pursuant to section 28-2166.

(d) There was a rental agreement in effect at the time of the immobilization or impoundment.

5. Except as provided in paragraph 7 of this subsection, to the spouse of the registered owner or any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the spouse or person was not the driver of the vehicle at the time of removal and either immobilization or impoundment and the spouse or person enters into an agreement with the immobilizing or impounding agency that stipulates that if the spouse or person allows a driver who does not have a valid driving privilege or a driver who commits a violation that causes the spouse's or person's vehicle to be removed and either immobilized or impounded pursuant to this article within one year after any agreement is signed by an immobilizing or impounding agency, the spouse or person will not be eligible to obtain release of the spouse's or person's vehicle before the end of the immobilization or impoundment period.

6. To the motor vehicle dealer, if the vehicle is owned by a motor vehicle dealer who has paid fees pursuant to section 28-4302 and is driven by a customer, potential customer or employee of the motor vehicle dealer and the motor vehicle dealer has provided to the immobilizing or impounding agency indicia of the motor vehicle dealer's ownership of the vehicle, including a certificate of title or a manufacturer-issued certificate or statement of origin.

7. To any person who is identified as an owner of the vehicle on the records of the department at the time of removal and either immobilization or impoundment, if the vehicle is a commercial motor vehicle, a street sweeper or heavy equipment as defined in section 28-854 and the person was not the driver of the vehicle at the time of removal and either immobilization or impoundment.

8. A vehicle shall not be released pursuant to subsection A of this section except pursuant to an immobilization or a post-storage hearing under section 28-3514 or if all of the following are presented to the immobilizing or impounding agency:

1. The owner's or owner's spouse's currently valid driver license issued by this state or the owner's or owner's spouse's state of domicile.

2. Proof of current vehicle registration or a valid salvage or dismantle certificate of title.

3. Proof that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title.

4. If the person is required by the department to install a certified ignition interlock device on the vehicle, proof of installation of a functioning certified ignition interlock device in the vehicle. The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall allow access during normal business hours to the impounded vehicle for the purpose of installing a certified ignition interlock device.  The impounding agency, storage yard, facility, person or agency having physical possession of the vehicle shall not charge any fee or require compensation for providing access to the vehicle or for the installation of the certified ignition interlock device.

9.  Before the end of the immobilization or impoundment period, the immobilizing or impounding agency shall release a vehicle to a person, other than the owner, identified on the department's record as having an interest in the vehicle immediately before the immobilization or impoundment if all of the following conditions are met:

1. The person is either of the following:

(a) In the business of renting motor vehicles without drivers and the vehicle is registered pursuant to section 28-2166.

(b) A motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle immediately before the immobilization or impoundment.

2. The person pays all immobilization, towing and storage charges related to the immobilization or impoundment of the vehicle and any administrative charges established pursuant to section 28-3513 unless the vehicle is stolen and the theft was reported to the appropriate law enforcement agency.  If the vehicle is stolen and the theft was reported to the appropriate law enforcement agency, the operator of the vehicle at the time of immobilization or impoundment is responsible for all immobilization, towing, storage and administrative charges.

3. The person presents foreclosure documents or an affidavit of repossession of the vehicle.

4. The person requesting release of the vehicle was not the person driving the vehicle at the time of removal and immobilization or impoundment.

If I'm the Registered Owner, what do I need to bring to the hearing? 

1. A valid Driver’s License
2. Current vehicle Registration
3. Proof of valid vehicle Insurance
4. Payment of Administrative Fee of $150 in the form of Money Order or Cashier’s Check only made payable to the Coconino County Sheriff’s Office
5. After the hearing, you will be required to Pay Towing and Storage Fees to the Towing Company to obtain the vehicle

*Additional forms may be required in some cases.

If you are the spouse of the registered owner, but not listed on the registration please fill out the Legal Spouse Affidavit to obtain the release of the vehicle.

If the owner is unable to attend the hearing (i.e. resides out of state, etc.), he/she may designate a Limited Power of Attorney to someone with a valid driver’s license, who was NOT the driver at the time of impound to obtain the release of the vehicle.

If You are a Lien Holder

The vehicle MAY be eligible for early release to a person, other than the owner if ALL of the following conditions are met:

• The person is a motor vehicle dealer, bank, credit union or acceptance corporation or any other licensed financial institution legally operating in this state or is another person who is not the owner and who holds a security interest in the vehicle. (Ariz. Rev. Stat. § 28-3512. D.1.b)
• The person pays all the towing and storage charges related to the impoundment of the vehicle and any administrative charges established. (Ariz. Rev. Stat. § 28-3512. D.2)
• The person presents foreclosure documents or an affidavit of repossession of the vehicle. (Ariz. Rev. Stat. § 28-3512. D.3)
• The person requesting the release of the vehicle was not the person driving the vehicle at the time of impoundment. (Ariz. Rev. Stat. § 28-3512. D.4)

If I'm the Lien Holder, what Information do I need to bring to the hearing?

1. A valid Driver’s License
2. Identification to prove association with the business (business card)
3. Authorization to act as Recovery Agent (authorization letter on company letterhead)
4. A Notarized Repossession Affidavit from Motor Vehicle Division –or– a Writ of Replevin from any court authorizing the repossession of this specific vehicle
5. A completed Coconino County Sheriff’s Office Lien Holder Harmless Agreement
6. Copy of the Registration, Title or Contract at time of impound
7. Proof of vehicle Insurance
8. Current valid registration and insurance requirement may be waived with proof of “Hook and Tow” Agreement or by using a Dealer Plate Registration and Company Insurance Coverage
9. Payment of Administrative Fee of $150 in the form of Money Order or Cashier’s Check only made payable to the Coconino County Sheriff’s Office
10. After the hearing, you will be required to Pay Towing and Storage Fees to the Towing Company to obtain the vehicle

*Additional forms may be required in some cases