Must a Police Officer tow your car after writing you a DUI?
In Illinois, I would like to know if a police officer must tow your car after writing you a D.U.I. As a police officer, I have heard that its state law to tow the vehicle even if their is a responsible driver available because there is a mandatory hold period. If anyone knows for for sure, please ...
In Illinois, I would like to know if a police officer must tow your car after writing you a D.U.I. As a police officer, I have heard that its state law to tow the vehicle even if their is a responsible driver available because there is a mandatory hold period. If anyone knows for for sure, please let me know and also cite the section in Illinois Law where it states your answer. I will need this to prove my case one way or another on this issue. Thanks!
I know what they usually do...I just need to know what it says in Illinois law says to do..
Once the officer takes you in custody, the city becomes responsible for your vehicle.
If they leave your vehicle with someone else and something happens to it, the city is liable.
I know in Indiana they usually take the car so they can do an inventory on it for liability purposes. That way they can do a legal, more thorough search for drugs or weapons in the process then charge the driver with that.
Where I worked in Illinois, if the vehicle was drivable, it was driven into the station, where we would attempt to contact a family member. If no one was able to be contacted, The vehicle was then towed.
My husband has had a DUI and they were really cool and parked the car so I could pick it up. I don’t know what the law says. Lets be honest, lots of cops make their own laws. I know people that have been busted with pot and let go. It just depends on the cop and the way the people act when they are confronted.
The best resource that I could find was from the Illinois Compiled Statutes (ILCS).
I apologize that I am not well versed in the language and indexing format for IL law, but I will do my best here.
This is what I found:
720 ILCS 5/ [Criminal Code of 1961] Sec. 36‑1 – It appears that it states that the vehicle can be seized for certain DUI violations found in 625 ILCS 5 [Illinois Vehicle Code] Sec. 11-501.
In trying to best paraphrase the section, it appears that an officer may tow a vehicle for a DUI offense where the driver had a previous conviction for DUI, had a suspended license, or injured/killed someone as a result of the DUI. The language says "may", which means that the tow is not mandatory, but the officer is allowed to do it. I see nothing in the laws that gives a mandatory time frame in holding a towed vehicle for a DUI violation. I did see a 15-day time limit to notify a registered owner of a seized vehicle; it may coincide with the amount of time your agency is allowed to hold a vehicle.
I hope this helps you settle whatever bet you made with your co-workers.
The law varies. The first offense they lock the car up and leave it where the driver pulled into. The city cannot be held responsible for every park car. Normally on 2nd offense they impound it and charge storage fees. I direct fr_chuck to have a look at the DUI/DWI laws in Tn he will discover there are laws first time no impound thereafter 2nd-3nd you get it the law states impound it. All he has to do is look at Tn he will find there are laws
I do not believe there is a law I belive this is more departmental policy.
If it is "not" a law not way to prove it, you can only prove it,if it is a law by finding it.