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Ark. Code Ann. § 27-22-109

Impounding motor vehicle for violation

Acts 2011, No. 1046, § 3.

(1) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if the officer issues a citation for a traffic violation that is classified as an offense under § 27-50-302 and the operator has: Received three (3) or more warnings for a violation of § 27-22-104;

(2) Pleaded guilty or nolo contendere to or been found guilty of three (3) or more violations of § 27-22-104; or

(3) Received a total of three (3) or more warnings for a violation of § 27-22-104 or convictions for a violation of § 27-22-104.

(4) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur: The driver is operating a motor vehicle on a cancelled, suspended, or revoked driver's license in violation of § 27-16-303;

(5) The driver is operating the motor vehicle without a driver's license in violation of § 27-16-602; or

(6) The driver is operating a motor vehicle: Without a license plate in violation of § 27-14-304;

(7) With an unofficial license plate in violation of § 27-14-305;

(8) With improper use of evidence of registration in violation of § 27-14-306; or

(9) With false evidences of title or registration in violation of § 27-14-307.

(10) If a motor vehicle is impounded under this section: The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable;

(11) The provisions of § 27-50-1201 et seq. regarding the towing and storage of motor vehicles shall apply;

(12) An inventory of the contents of the motor vehicle shall be taken; and

(13) The owner, operator, or other person in charge of the vehicle: Has the right to contest the impoundment; and

(14) Shall be given notice at the time of impoundment of the right to contest the impoundment consistent with § 27-50-1207.

(15) If a motor vehicle is properly and lawfully impounded under this section, the following are responsible for all reasonable towing, recovery, storage, and other incidental costs: The operator of the vehicle;

(16) The owner of the vehicle; or

(17) Both the owner and the operator of the vehicle.

(18) This subsection applies even if the owner has insurance but fails to present proof of insurance.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.