28-3514

28-3514. Hearings; notice of immobilization or
storage

A. If a peace officer removes and either immobilizes or impounds a vehicle pursuant
to section 28-3511, the immobilizing or impounding agency may provide the owner, the
spouse of the owner and any other person identified on the department's record as having
an interest in the vehicle with the opportunity for an immobilization or poststorage
hearing to determine the validity of the immobilization or storage or consider any
mitigating circumstances relating to the immobilization or storage or release of the
vehicle before the end of the thirty day immobilization or impoundment period. If the
immobilizing or impounding agency provides the opportunity for an immobilization or
poststorage hearing, the immobilizing or impounding agency shall conduct the hearing in
accordance with any of the following:

1. In the immobilizing or impounding agency's jurisdiction.

2. Telephonically.

3. Pursuant to procedures prescribed by the immobilizing or impounding agency to
transfer the authority to conduct the immobilization or poststorage hearing to a law
enforcement agency in the jurisdiction in which the owner, the spouse of the owner, the
owner's agent or any person identified in the department's record as having an interest
in the vehicle resides.

B. If the immobilizing or impounding agency does not provide an opportunity for an
immobilization or poststorage hearing, a justice court shall conduct the immobilization
or poststorage hearing. If an immobilization or poststorage hearing is conducted by a
justice court, the immobilizing or impounding agency shall appear and show
evidence. Immobilization or poststorage hearings conducted by a justice court shall be
considered as civil filings for the purposes of judicial productivity credits.

C. Within three business days after immobilization or impoundment, excluding
weekends and holidays, the immobilizing or impounding agency shall send a notice of
storage by first class mail to each person, other than the owner, identified on the
department's record as having an interest in the vehicle. Service of notice of
immobilization or storage is complete on mailing. If the immobilizing or impounding
agency fails to notify a person, other than the owner, identified on the department's
record as having an interest in the vehicle within three business days after
immobilization or impoundment, excluding weekends and holidays, the immobilizing agency
or the person in possession of the vehicle shall not charge any administrative fees or
more than fifteen days' immobilization or impoundment when the person redeems the
impounded vehicle or has the immobilization device removed from the vehicle.

D. Within three business days after immobilization or impoundment, excluding
weekends and holidays, the immobilizing or impounding agency shall mail or personally
deliver notice of immobilization or storage to the owner of the vehicle.

E. The notice of immobilization or storage shall include all of the following
information:

1. A statement that the vehicle was immobilized or impounded.

2. The name, address and telephone number of the immobilizing or impounding agency
providing the notice.

3. The name, address and telephone number of the immobilizing or impounding agency
or justice court that will provide the immobilization or poststorage hearing.

4. The location of the place of storage and a description of the vehicle,
including, if available, the manufacturer, model, license plate number and mileage of the
vehicle.

5. A statement that in order to receive an immobilization or poststorage hearing
the owner, the spouse of the owner, the owner's agent or the person identified in the
department's record as having an interest in the vehicle, within ten days after the date
on the notice, shall request an immobilization or poststorage hearing by contacting the
immobilizing or impounding agency in person or in writing or by filing a request with the
justice court if the impounding agency does not provide for a hearing and paying a fee
equal to the fee established pursuant to section 22-281 for a small claims answer.

6. A statement that if the immobilizing or impounding agency does not provide the
opportunity for an immobilization or poststorage hearing, the owner, the spouse of the
owner, the owner's agent or any person identified in the department's record as having an
interest in the vehicle may request that the immobilization or poststorage hearing be
conducted by a justice court in the immobilizing or impounding agency's jurisdiction or
the jurisdiction in which the owner, the spouse of the owner, the owner's agent or the
person identified in the department's record as having an interest in the vehicle
resides.

F. The immobilization or poststorage hearing shall be conducted by the immobilizing
or impounding agency or justice court within five business days, excluding weekends and
holidays, after receipt of the request.

G. Failure of the owner, the spouse of the owner or other person or the other
person's agent to request an immobilization or poststorage hearing within ten days after
the date on the notice prescribed in subsection E of this section or to attend a
scheduled hearing satisfies the immobilization or poststorage hearing requirement.

H. The immobilizing or impounding agency employing the person who directed the
immobilization or storage is responsible for the costs incurred for immobilization,
towing and storage if it is determined in the immobilization or poststorage hearing that
reasonable grounds for the immobilization or impoundment and storage are not established.

I. In compliance with the requirements of this section, the vehicle owner, the
vehicle owner's spouse or other person having an interest in the vehicle shall have an
opportunity for a single poststorage hearing for the release of the vehicle by either the
immobilizing or impounding agency or a justice court but not both.