When can they impound my car in Florida?

When can they impound my car in Florida?

Posted in the Spring Hill Forum

abcd

Saint Petersburg, FL

#1 Jun 23, 2009
I spoke to one of the paralegals at the law firm I deal with. One of them know DUI law pretty good and sent me this info.........

Impoundment or Immobilization of Your Vehicle under Florida D.U.I. Law

Under Florida Statute section 316.193(6):

- For the first conviction the Court must order, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the Defendant or any one vehicle registered in the Defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days.

- For the second conviction, the Court must order, as a condition of probation, order the impoundment or immobilization of ALL vehicles owned by the Defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days.

- For the third conviction, the Court must order, as a condition of probation, order the impoundment or immobilization of ALL vehicles owned by the Defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days.

The Court must at the time of sentencing the Defendant issue an Order for the impoundment or immobilization of a vehicle. Within 7 business days after the date the Court issues the Order for impoundment or immobilization, the Clerk of the Court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the Defendant, and to each person of record claiming a lien against such vehicle.

Notes added on:

However, just because you are convicted, does not mean you must have your vehicle impounded. Under Florida law, the impoundment or immobilization may be dismissed. At sentencing, an attorney can raise the following hardships on his/her client why the impoundment may be waived:
- If the Court makes a finding that the family of the owner of the vehicle has no other private or public means of transportation.

- If the Court makes a finding that if any of the vehicles that are owned by the Defendant but they are operated solely by the employees of the Defendant or any business owned by the Defendant.

- A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing.

- A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs.
The Question

Tampa, FL

#2 Jun 23, 2009
abcd wrote:
I spoke to one of the paralegals at the law firm I deal with. One of them know DUI law pretty good and sent me this info.........
Impoundment or Immobilization of Your Vehicle under Florida D.U.I. Law
Under Florida Statute section 316.193(6):
- For the first conviction the Court must order, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the Defendant or any one vehicle registered in the Defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days.
- For the second conviction, the Court must order, as a condition of probation, order the impoundment or immobilization of ALL vehicles owned by the Defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days.
- For the third conviction, the Court must order, as a condition of probation, order the impoundment or immobilization of ALL vehicles owned by the Defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days.
The Court must at the time of sentencing the Defendant issue an Order for the impoundment or immobilization of a vehicle. Within 7 business days after the date the Court issues the Order for impoundment or immobilization, the Clerk of the Court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the Defendant, and to each person of record claiming a lien against such vehicle.
Notes added on:
However, just because you are convicted, does not mean you must have your vehicle impounded. Under Florida law, the impoundment or immobilization may be dismissed. At sentencing, an attorney can raise the following hardships on his/her client why the impoundment may be waived:
- If the Court makes a finding that the family of the owner of the vehicle has no other private or public means of transportation.
- If the Court makes a finding that if any of the vehicles that are owned by the Defendant but they are operated solely by the employees of the Defendant or any business owned by the Defendant.
- A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing.
- A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs.
WHO DECIDID IT IS/WAS GOOF-UP TIME?
DID HE/SHE/IT GET A LOLLIE-POP*?
* ALL DAY SUCKER
The Question

Tampa, FL

#3 Jun 23, 2009
Re:# 2

sorry about my spoofing comment - got lost in ponderous quotation ( heck--- sounded like a Texas lawyer pleading a case by someone who got gooosed but lived at the Alamo )

why when how as to 'grab that car' means little more than 'ouch! more money gone' or if you need it 'ouch! I've been screwed'

so Behave - or - you'll be called something by somebody and it'll cost plenty emotionally as well as buck wise

enough of my crap
Melissa

Navarre, FL

#4 Sep 26, 2012
Is there time requirement for the 30 day vehice impoundment? I am on probation in Santa Rosa Coubty in Milton, Fl. My probation end Nov 10th. One of the requirements is that I have my vehicle impounded for 30 days. I had it impounded today but after visiting my probation officer he notified me tht it is too late and that he will have to write a violation report to send to the judge on Oct 6th. I honestly have no idea where that date came from. It was my understanding that I had the time that I was on probation to complete everything. Any ideas tossed out there for be would be greatly appreciated. Thanks!!
poor fish

Tampa, FL

#5 Sep 26, 2012
car gone fool

give up misbehaving and give up being fool

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