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Who is eligible for a hearing?
If your vehicle was towed for 28-872:
The registered owner or lien holder is eligible to have a hearing, but you must request a hearing within 10 days from the date of the tow. It is not necessary to have a hearing to retrieve your vehicle. You may get your vehicle out of the tow lot any time without a hearing. (Claiming Your Vehicle) You may request a hearing to dispute the reason your vehicle was towed. REQUEST A HEARING
If your vehicle was towed for 28-3511 (30 day tow law):
You may be eligible to retrieve your vehicle before the end of the 30-day impound period if you meet any of the following conditions, but you must request a hearing within 10 days from the date of impound. This vehicle will only be released early if you request a hearing and actually have a hearing. Only the vehicle owner, owner’s spouse, owner’s agent (lawyer), or lien holder may request a hearing. You must have been listed on the registration of the vehicle AT THE TIME OF THE IMPOUNDMENT as an owner or lien holder to qualify for a hearing. In most cases, the hearing officer will make an immediate ruling on whether or not your vehicle may be released early.
Hearings are held within five working days of receipt of the request and will generally be held telephonically. A lawyer is not required. The hearings are very informal and do not take long. Read the following conditions carefully to see which may make this vehicle eligible for early release:
- It had been stolen prior to being impounded (a police report is required);
- You are the owner, and you were cited for driving on a license that was invalid, but your license is now re-instated and valid. Unless, you were also charged with aggravated or extreme DUI. If you are the owner and were charged with Extreme or Aggravated DUI, you are not eligible.
- It was driven by an employee of a business (including a parking service or repair garage) and the employer’s vehicle is subject to bailment, as in a leased vehicle;
- The owner’s driver license has been reinstated; ( you must satisfy any court issues as well as have it re-instated by the motor vehicle division)
- It is a rental vehicle or a loaner vehicle from a company, not owned by the driver (and it was not being driven by an employee or owner of the rental vehicle company at the time of impoundment);
- The owner or owner’s spouse (NOT the person driving the vehicle at the time of impoundment) enters into an agreement with SPD for one year promising not to allow this vehicle to be operated in violation of ARS 28-3511 or it will not be eligible for early release for future violations of ARS 28-3511 ;
- It is required by the court to be equipped with a certified ignition interlock device and proof of installation is shown to the hearing officer either during the hearing or when come to the police department for your vehicle release;
- It has been repossessed (foreclosure documents or an affidavit of repossession required); OR
- It is determined the vehicle was improperly impounded by the officer.
- At the conclusion of the hearing, you will be notified if this vehicle is eligible for immediate release (a copy of the hearing decision will be mailed or handed to you). If your request is denied, you must wait until the 30-day impound period has expired and follow the instructions above. If your request is approved, you may retrieve your vehicle by bringing your valid driver license and proof of current registration to the Scottsdale Police District facility at 9065 E. Via Linda, Scottsdale, AZ.
- Except for properly reported stolen vehicles or improperly impounded vehicles, the vehicle owner is responsible for all fees relating to the impoundment, including vehicles eligible for early release.
- Providing false or misleading information is a crime.
Administrative Towing Fee payable to the City of Scottsdale
Beginning Dec 12th, 2007, the Scottsdale Police Department will begin to collect an administrative fee of $150.
This administrative fee is set by statute and will apply to every vehicle impounded under the 30 day tow law (ARS 28-3511 ). The public may pay the fee and then receive a "Vehicle Release" form only at the District Two Police facility at 9065 E. Via Linda, Scottsdale, Arizona 85259, Monday - Friday, 10:00am to 6:00pm, excluding holidays.
The fee may only be paid by cashiers check or money order payable to the City of Scottsdale. Cash and personal checks are not accepted.
Owners and lien holders desiring to have their vehicles released prior to the 30th day must have a hearing first. The hearing must be conducted before payment will be accepted. After the 30th day of impound, a hearing is no longer required, but the fee must still be paid.
This fee is separate from any towing fees charged by the tow truck company. See Link Tow Company Info/Fees
Who can have the vehicle returned?
Under the law the owner, the owner's spouse, their agent (such as an attorney) or a lien holder are the only persons who can have the vehicle released. If you are the vehicle's owner and your license is still not valid at the end of the 30-day period, you can bring someone with you who has a valid license in order to get your vehicle back.
Where do I go to get a vehicle release?
The District Two Police Station at
9065 E. Via Linda, Scottsdale AZ 85258. No other Scottsdale facility can process the release.
Link Claiming Your Vehicle. My car was involved in a collision, and due to damage it is not drivable. Does it still have to have a valid registration before the police can release it?
Yes. A current vehicle registration or a valid salvage or dismantle certificate of title is required by law. Contact the motor vehicle division for more information.
What if someone other than the owner was driving the vehicle when it was impounded? The owner of the vehicle is responsible for paying all fees and charges in order to have the vehicle released. If someone else was driving, you may have to seek civil action against the driver for any expenses you incur as a result of the impound.
What if I own the vehicle but have not yet transferred the title into my name? Can I still get the vehicle back? No, you must first completely meet all legal title and registration requirements before the vehicle can be returned to you. This can be done through the Arizona Motor Vehicle Department. If the vehicle is registered out of state you must either register the vehicle in Arizona or deal with the state in which it is currently registered. If you sell, transfer title or add a new person on the registration after your vehicle is impounded or towed, they are not authorized to have a hearing.
What will happen if I cannot claim my vehicle?
Under Arizona law the towing company may file for an abandoned title and seek ownership of the vehicle if it is left at the tow yard unclaimed for more than ten (10) days. If you have difficulty in paying for the towing and storage, you should at least contact the towing company if you wish to retain ownership of your vehicle.
If the owner had a suspended license, can they get it back prior to the 30-day period if their license is restored to a valid status?
Yes. The owner would have to prove that this had been corrected and their driving privileges reinstated, at which time we will release the vehicle upon payment of administrative fees and towing and storage charges. You must bring:
- A valid driver license issued by this state or by the owner's or owner's agent's state of domicile.
- A current vehicle registration or a valid salvage or dismantle certificate of title.
- Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. (Proof of current insurance, unless presenting proof that the vehicle has a valid salvage or dismantle certificate of title.)
- 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.
It is after the 30 day and my driver’s license is still suspended. Is there a way I can at least get my vehicle out of impound even if I can’t drive it?
Yes, provided you meet the below requirements and use an agent.
- If the owner is present, the owner must present photo identification
- If the owner is not present the agent must have notarized power of attorney
- The agent (who may be anyone, including a tow truck driver) must have a valid driver license and must not be suspended in this state (Arizona) even if there is a valid license in another state
- A current vehicle registration or a valid salvage or dismantle certificate of title.
- Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. (Proof of current insurance, unless presenting proof that the vehicle has a valid salvage or dismantle certificate of title.)
- 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.
What if I only have a driver’s license from another country?
Your license will be accepted provided it is valid in your country of domicile AND your privilege to drive in Arizona has not been suspended. Presentation of a fraudulent license is a crime.
Would I still have to pay fees and charges if the vehicle is released early to me?
Yes, the owner is still liable for administrative charges and all towing and storage fees up to the actual date of release.
At the end of the 30-days, can I just go to the towing company and get my vehicle?
No, the towing company is not allowed to release an impounded vehicle without paperwork from the Scottsdale Police Department. You must follow the claim process outlined above. You must go to the District Two Police Building at 9065 E. Via Linda, Scottsdale AZ 85258. You must speak with the station officer in the lobby and he will give you the appropriate paperwork, providing you have met the requirements. Link to 28-3511 The station officer is not always available or may be busy. You may call (480) 312-5025 to see if they are available. The general hours of the station officer are 10:00am to 6:00pm Mon-Fri.
If I am found "not guilty" on my criminal or traffic charges will that affect the impound of my vehicle?
No. As long as the officer impounded your vehicle according to the law and our procedures the outcome of the trial does not matter.
Can I have a hearing about this impound if my vehicle was simply impounded for being illegally parked, the driver or I was arrested or it was involved in a collision?
Hearings are not needed, unless you believe your vehicle was unjustly towed. You may request a hearing from the Scottsdale Police Department. There is no reason to contact the police department if your vehicle was towed for this reason. You may pick your vehicle up immediately by paying the tow and impound fees at the tow yard.
Do I need to have a hearing?
No, you do not. Most people who do not meet one of the exemptions will not request or need a hearing. In many cases, you must simply wait until after the 30th day of the tow or impound. But, in all cases your vehicle registration must be vaid in all aspects or you must present a salvage or dismantle certificate of title. To find out if you qualify to have a hearing to release the vehicle before the 30th day of impound See Link How do I claim my vehicle?
How long do I have to request a hearing?
We must receive your request for a hearing not later than ten (10) days from the date of the vehicle impoundment. If your request is received after the ten day time period, we will not grant you a hearing on this matter.
How is the hearing conducted?
The hearings for impounds are conducted by a Lieutenant or Hearing Officer of the Scottsdale Police Department. Hearings are generally held over the telephone unless certain evidence is required to be presented at the time of the hearing. If you came to our District Two Police Facility at 9065 E. Via Linda in person, it is possible to have a hearing in person if the Hearing Officer or a Lieutenant trained in conducting a hearing is avalable. You may have to wait unless you make an appointment by calling the tow line at (480) 312-2869.
What will I have to prove in a hearing?
In order to have your vehicle released prior to the 30 days required by law, you must be able to prove that certain special circumstances exist. See the question above regarding how a vehicle may be released early.
Is there a charge to have a hearing?
No, there is no fee or charge for a hearing. The Scottsdale Police Department will soon be collecting a fee of $150.00. Other charges are for towing and storage fees. These fees are not paid to the police department.
Do I need an attorney for the hearing?
No, an attorney is not needed. The hearing process is informal and very brief.
What documentation must I bring with me to the police department AFTER the hearing to get the vehicle released?
- A valid driver license issued by this state or by the owner's or owner's agent's state of domicile.
- A current vehicle registration or a valid salvage or dismantle certificate of title.
- Evidence that the vehicle is in compliance with the financial responsibility requirements of chapter 9, article 4 of this title. (Proof of current insurance, unless the presenting proof that the vehicle has a valid salvage or dismantle certificate of title.)
- 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.
The police towed my vehicle and I don’t agree with the reason it was towed. Who do I talk with about that?
You may be eligible for a hearing. See link Who can have the vehicle returned or is eligible for a hearing? If you are eligible you may request a hearing. See link Contact Towing Administrator Or Hearing Officer
What if I am selling the car, can the new owner or lien holder get a hearing?
No. Only the person/s or lien holders on the registration at the time the vehicle was towed/impounded are eligible for a hearing for an early release.
My car was impounded. If I transfer ownership or add a new person or company onto the registration, can they have a hearing and get the car out early
No. Only the person/s or lien holders on the registration at the time the vehicle was towed/impounded are eligible for a hearing for an early release.
What are the impound yard hours?
Monday through Friday 8:00am to 5:00pm, Saturday 8:00am to NOON. (NOTE: "After hours" gate fees apply on Saturdays.) On some holidays they are not open and it would be considered "after hours" and additional fees would apply - call the tow company to confirm. See Link Tow Company Info/Fees
Is there an "after hours" or "gate fee"?
Yes, if you come "after hours" you may have to wait a considerable time for a tow truck driver to be dispatched to the impound yard to open it for you. It could be an hour or more. Please call the "After Hours" telephone number posted on the sign at the storage facility. (NOTE: An additional "after hours" fee will apply.) See LINK Tow Company Info/Fees