Attorney General Opinion on Release of Vehicle without proof of Financial Reponsibility

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Attorney General Opinion August 2015
Impounded vehicle release with lack of financial responsibility.
Read full opinion here.

SUMMARY
Under constitutionally reasonable circumstances, peace
officers of the state, including those working for local law
enforcement agencies and municipalities, may impound a vehicle to
protect the public safety when the driver fails to provide evidence of
financial responsibility. A home-rule municipality, and likely a
general-law municipality, has authority to adopt an ordinance
regarding the impoundment of vehicles for the offense of lack of
financial responsibility provided that such an ordinance is not in
conflict with any statute and also conforms to any constitutional
constraints.
A court would likely conclude that a municipality may not
condition release of a vehicle impounded for lack of evidence of
financial responsibility upon presentation of such evidence to a
vehicle storage facility.

 

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