8.8 Administrative Impoundment or Immobilization of a Vehicle

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

8.8 ADMINISTRATIVE IMPOUNDMENT OR IMMOBILIZATION OF A VEHICLE

8.801 Impoundment upon Arrest for Driving After Suspension or Revocation.

A. Pretrial Suspension. Section 46.2-301.1(A) requires an officer who arrests a driver for operating a vehicle with a suspended or revoked license to impound or immobilize the vehicle for a period of 30 days if such suspension arose out of (i) a violation of section 18.2-51.4 or 18.2-272, or a DUI; (ii) driving after being declared a habitual offender; or (iii) a refusal. Under this section, the vehicle of a person who drives without an operator's license in violation of section 46.2-300, having been previously convicted of such offense, will be impounded for three days or until that person obtains a license, whichever is less. ²³¹ The officer issues a notice of impoundment to the

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driver that includes information about the review process available under section 46.2-301.1(B). The court in which the new charges are pending is notified of this action. Five days before the impoundment expires, the clerk of court must provide the driver with instructions for reclaiming the vehicle. The driver is responsible for any costs associated with the impoundment.

B. Petition for Review. The driver/owner, or the vehicle's owner who was not the driver, is entitled to seek...