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Vehicle Impounds

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FAQ ButtonThe Gilbert Police Department will impound your vehicle, pursuant to Arizona Revised Statutes §28-3511, if ANY of the following occur:

  • The driver has a suspended, revoked driver’s license.
  • The driver has a cancelled driver’s license and involved in a collision and provides NO insurance.
  • The driver has no driver’s license or no record of ever having one.
  • The driver is arrested for Extreme or Aggravated DUI.
  • The driver is under 21 with any amount of alcohol in their body.
  • The driver was is in violation of an ignition interlock requirement.

Vehicles towed under this statute are impounded for 30 days.
However, your vehicle may be released early under the following circumstances and will require a post-towing hearing:

  • The registered owner or their spouse may qualify to have the vehicle released early if State requirements are met.
  • The owner presents proof that the owner’s driving privilege has been reinstated.
  • The vehicle was reported stolen at the time it was impounded.
  • The vehicle is subject to bailment and was driven by an employee of a business.
  • The owner or owner’s agent was not the person driving the vehicle at the time of impoundment or the owner or the owner’s agent is in the business of renting vehicles.

Retrieving Your Vehicle:

To obtain your vehicle prior to the expiration of the 30 days, a post-storage hearing must be scheduled with the Tow Hearing Specialist by calling (480) 635-7511 and leaving a message with your contact information. Calls are returned in two business days; holidays are not considered business days. Arizona State Law dictates these conditions to release a vehicle early. -Personal hardships cannot be considered:

  • Hearings are held at the Gilbert Police Department, 75 E. Civic Center Dr., Gilbert, Arizona 85296
  • A $150 State Administrative fee is payable in exact cash at the time of the hearing, no other form of payment will be accepted.
  • Hearings are by APPOINTMENT ONLY. Walk-ins/telephone hearings will not be accepted.
  • Hearings must be scheduled within 10 days of the vehicle being towed. After the 10 days have elapsed, a hearing may not be granted.
  • The hearings are to determine the validity of the impoundment or to determine whether the vehicle may be released prior the end of the 30-day impoundment period.
  • In certain situations, the spouse of the owner may also enter into an agreement with the Gilbert Police Department stating they will not let a driver arrested for Extreme or Aggravated DUI, or a minor in possession of alcohol, to drive the vehicle for one year. If the agreement is violated, there is no relief available from the 30-day impoundment period.
  • The vehicle may be released to the lien holder from the date of the incident identified on the MVD record before the end of the 30-day impoundment period.

To QUALIFY for EARLY RELEASE the following conditions apply:

You must have been listed as an owner on the title in the MVD computer at the time of impound.

If you sell the vehicle or change the name on the title after the vehicle was impounded, the new owner will not qualify for an early release.

  • If your vehicle was impounded for a suspended/revoked/cancelled or no driver’s license:
    • The registered owner was the driver and their driver’s license has been reinstated.
    • The registered owner or their spouse was not the driver, and is willing to appear in person with a valid driver’s license to sign an agreement stating they will only allow the vehicle to be driven legally by a driver with a valid driver’s license. If you are the spouse of the registered owner and your name is not on the title, a valid original or certified Marriage Certificate will be required.
  • If your vehicle was impounded for extreme/aggravated DUI or a driver under 21 with alcohol in their system:
    • The vehicle will not be released early if the registered owner was the driver.
    • The registered owner or their spouse was not the driver, and is willing to appear in person with a valid driver’s license to sign an agreement stating they will only allow the vehicle to be driven legally by a driver with a valid driver’s license. If you are the spouse of the registered owner and your name is not on the title, a valid original or certified Marriage Certificate will be required.

  • Ignition interlock violation:
    • If the registered owner was the driver and has had the interlock installed while impounded, the registered owner must present documentation showing the device is now installed.
    • The registered owner or their spouse was not the driver and is willing to appear in person with a valid driver’s license to sign an Agreement, stating they will only allow the vehicle to be driven legally by a driver with a valid driver’s license. If you are the spouse of the registered owner and your name is not on the Title, a valid original or certified Marriage Certificate will be required.

  • Impounded rental, registered under, ARS 28-2166, and was being driven by a renter.
    • An employee of the rental agency with proper credentials and identification must present all required documents:
    • Valid rental contract
    • Original and notarized letter of authorization on company’s letterhead, authorizing the employee to recover the vehicle on the company’s behalf
    • Original and notarized Hold Harmless agreement.

  • If an employee of a parking service, repair garage or business was operating the vehicle
    • (“Subject to bailment”) when it was impounded, the registered owner may claim the vehicle with proper documentation.

  • lien holder (repossession information)
    • Lien holders must meet the requirements of Arizona Revised Statutes (A.R.S.) 28-3512.D, E, F and G. The lien holder must have been listed as the lien holder on the MVD record at the time of the tow or impound in order to be granted a release. The lien must still be in force in order for the lien holder to qualify.
    • Must provide a Repossession Affidavit and Power of Attorney/Hold Harmless form, original and notarized to obtain a release. If the vehicle is being repossessed prior to the 30 days the, “Agreement of Operation” statement must be included and an electronic copy of the title with the lien holder’s information.

HOLD HARMLESS/LETTER OF AUTHORIZATION must state the following:
(MUST BE ORIGINAL & NOTORIZED)

  • Year, Make, Model, and exact VIN (must be exact VIN or will not accept)
  • Name of person authorized for the hearing and pick up the vehicle. (Name must be the same as their driver’s license.)
  • A sentence stating they are Holding Harmless the Town of Gilbert Police Department.
  • If the company has several names, list the names they go by, so we will know they are the same companies.
  • Letter MUST BE SIGNED by authorized person with their name and title printed under their signature. (Printed name must be legible)
  • We require the original letter and to be notarized.

After the 30 day impoundment period has expired:

You may obtain release paperwork by scheduling with the Tow Hearing Specialist by calling
(480) 635-7511 leave a message with your contact information. Calls are returned in two business days. The $150 administrative fee is still required for a release after the 30 day period has expired.

  • Appointments are held in person at the Gilbert Police Department at the appointed time given to you by the Tow Hearing Specialist.
  • You will be required to bring proper payment and documents for the release.
  • If you own the vehicle but do not have a valid driver’s license, you must bring someone who has a valid driver’s license and your valid government-issued identification
  • If you are using a Limited Power of Attorney form, you must provide the original, notarized document along with a copy of the owner’s identification used to get the document notarized

Additional documents may be required and vehicles may not be released early if special circumstances exist.

Scheduling Your Release:

  • Determine if you qualify to release your vehicle early (see above).
  • Call to schedule your appointment (480) 635-7511, leave your name, return call number, report number; if unable to provide the report number the license plate or full Vehicle Identification Number and the State it is registered, year, make, and model of vehicle.
  • When scheduled you will appear ON TIME at the Gilbert Police Department.
  • You will appear before a Tow Hearing Specialist.

Bring Required Documents:

  • $150 State Administrative fee is payable in EXACT CASH at the time of the hearing, no other forms of payment will be accepted. Personal hardships cannot be considered. This fee is set by state law and applies to every vehicle impounded under (ARS) 28-3513.
  • VALID proof of current annual Registration for the impounded vehicle.
  • VALID proof of current Insurance for the impounded vehicle with the VIN and dates of coverage (has to be a printed/physical copy) Fleet Insurance (covering all vehicle owned) is acceptable if it’s a rental or dealer vehicle.
    • VALID Driver’s License from any State within the United States of America.

Except for stolen or improperly impounded vehicles, the vehicle owner is responsible for all administrative, towing, and storage fees regardless of when the vehicle is released.

After Release:

  • Take your release paperwork, identification, and proof of vehicle ownership to the tow company and pay any tow/storage fees directly to the tow company by cash, money order, certified check, or credit card.
  • By Arizona law, tow companies are not required to release vehicles after normal business hours; doing so could result in a gate fee an additional charge.

Unclaimed Vehicles:

Arizona law allows tow companies to file for an abandoned title to seek ownership of the vehicle if it is left unclaimed at the tow yard for more than 10 days past the 30-day impoundment period. If you have difficulty paying for the tow and storage fees, you should contact the tow company if you wish to retain ownership of your vehicle.

  • You could be charged an abandoned vehicle fee.
  • To request more time to recover vehicle after the release, contact the Motor Vehicle Department Abandoned Vehicles Unit at (602) 712-8406.

If you need property from your vehicle:

  • The registered owner can claim property from the vehicle by providing your government-issued identification and proof of ownership to the tow company.