ORS 809.720
Impoundment for specified offenses

  • grounds
  • notice
  • release

(1)

A police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this subsection may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This subsection applies to the following offenses:

(a)

Driving while suspended or revoked in violation of ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked).

(b)

Driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants).

(c)

Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010 (Operating vehicle without driving privileges or in violation of license restrictions).

(d)

Driving uninsured in violation of ORS 806.010 (Driving uninsured prohibited).

(2)

Notice that the vehicle has been impounded shall be given to the same parties, in the same manner and within the same time limits as provided in ORS 819.180 (Notice after taking into custody and towing) for notice after removal of a vehicle.

(3)

A vehicle impounded under subsection (1) of this section shall be released to a person entitled to lawful possession upon compliance with the following:

(a)

Submission of proof that a person with valid driving privileges will be operating the vehicle;

(b)

Submission of proof of compliance with financial responsibility requirements for the vehicle; and

(c)

Payment to the police agency of an administrative fee determined by the agency to be sufficient to recover its actual administrative costs for the impoundment.

(4)

Notwithstanding subsection (3) of this section, a person who holds a security interest in the impounded vehicle may obtain release of the vehicle by paying the administrative fee.

(5)

When a person entitled to possession of the impounded vehicle has complied with the requirements of subsection (3) or (4) of this section, the impounding police agency shall authorize the person storing the vehicle to release it upon payment of any towing and storage costs.

(6)

Notwithstanding subsection (3) of this section, the holder of a towing business certificate issued under ORS 822.205 (Certificate) may foreclose a lien created by ORS 87.152 (Possessory lien for labor or material expended on chattel) for the towing and storage charges incurred in the impoundment of the vehicle, without payment of the administrative fee under subsection (3)(c) of this section.

(7)

Nothing in this section or ORS 809.716 (Hearing on impoundment) limits either the authority of a city or county to adopt ordinances dealing with impounding of uninsured vehicles or the contents of such ordinances except that cities and counties shall comply with the notice requirements of subsection (2) of this section and ORS 809.725 (Notice following impoundment under city or county ordinance).

(8)

A police agency may not collect its fee under subsection (3)(c) of this section from a holder of a towing business certificate issued under ORS 822.205 (Certificate) unless the holder has first collected payment of any towing and storage charges associated with the impoundment. [1997 c.514 §2; 2001 c.748 §1]

Source: Section 809.720 — Impoundment for specified offenses; grounds; notice; release, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

Notes of Decisions

This section does not confer to impounding authority exclusive possession of impounded vehicle. State v. Dimmick, 248 Or App 167, 273 P3d 212 (2012)

This section does not confer to police possessory interest in contents of vehicle that is greater than possessory rights of owner of those contents. State v. Dimmick, 248 Or App 167, 273 P3d 212 (2012)

809.090
Cancellation of registration or title for failure to qualify 809.095
Cancellation of registration for false certification of compliance with financial responsibility requirements 809.100
Hearing on proposed cancellation or refusal 809.110
Failure to surrender canceled registration or title 809.120
Court-ordered suspension of registration or driving privileges for weight violation 809.130
Suspension or revocation of driving privileges for unsettled judgment 809.135
Refusal to issue, revocation or suspension of identification card, registration or title for failure to use same name 809.140
Administrative review of suspension, revocation or cancellation of identification card, registration or driving privileges 809.220
Failure to appear 809.230
Court suspension or revocation of nonresident driving privileges 809.235
Permanent revocation of driving privileges upon conviction of certain crimes 809.240
Court-ordered suspension or revocation 809.260
Court-ordered suspension of driving privileges of juvenile 809.267
Additional fee upon notice of suspension or restriction 809.270
Driver improvement course 809.275
Court to take possession of license or permit 809.280
Department procedures following court order of suspension or revocation 809.310
Cancellation or suspension of driving privileges 809.312
Reissuance of privileges after suspension for submitting false information 809.320
Cancellation on written request of parent or legal guardian 809.360
General provisions relating to suspension or revocation of driving privileges 809.380
Period of suspension 809.390
Period of revocation 809.400
Suspension or revocation for out-of-state conviction 809.406
Cancellation and disqualification from holding driver license with Class A or Class B farm endorsement 809.409
Revocation for conviction of crime 809.411
Suspension for conviction of crime 809.412
Authority of juvenile court for suspension or revocation 809.415
Suspensions for conduct involving judgments, financial responsibility, dishonesty 809.416
When person subject to suspension under ORS 809.415 809.417
Suspension for conduct regarding accidents 809.419
Suspensions for physical or mental condition or impairment 809.421
Suspensions for miscellaneous driving-related actions 809.428
Schedule of suspension or revocation periods for certain offenses 809.430
Notice of suspension, cancellation or revocation 809.440
Hearing and administrative review procedures 809.450
Hearing for rescission of suspension for financial and future responsibility violations 809.460
Rescission of suspension or revocation upon appeal of underlying conviction 809.470
When judgment considered settled for purposes of suspension requirements 809.480
Driver improvement programs 809.490
Suspension or revocation of driving privileges of nonresident driver 809.500
Failure to return suspended, revoked or canceled license 809.510
Conviction of crime 809.515
Failure to appear, pay fine or obey court order in another jurisdiction 809.520
Lifetime suspension of commercial driving privileges 809.525
Serious traffic offenses 809.530
Violation of out-of-service order 809.535
Suspension of commercial driver license for specified rail crossing violations 809.540
Right to apply 809.545
Administrative review 809.550
Application of ORS 809.510 to 809.545 809.600
Kinds of offenses and number of convictions 809.605
Determination of which offenses count 809.610
Restriction of driving privileges 809.640
Procedures on habitual offender determination 809.698
Definition of “vehicle immobilization device.” 809.700
Court-ordered impoundment or immobilization upon conviction 809.702
Tampering with vehicle immobilization device 809.710
Authority to refuse to release vehicle to intoxicated person 809.716
Hearing on impoundment 809.720
Impoundment for specified offenses 809.725
Notice following impoundment under city or county ordinance 809.730
Seizure of motor vehicle for civil forfeiture 809.735
Preemption of local forfeiture ordinances 809.740
Seizure of motor vehicle for forfeiture 809.745
Adoption of policies and procedures prior to forfeiture
Green check means up to date. Up to date

Current through early 2024

§ 809.720’s source at oregon​.gov