Your vehicle will be impounded by the Phoenix Police Department when the vehicle was used to transport a person for the purpose of soliciting or engaging in an act of prostitution and a person transported to the scene of the violation in the motor vehicle was arrested for a violation of Phoenix City Code Section 23-52(A)(1), 23-52(A)(2), or ARS 13-3214.
FREQUENTLY ASKED QUESTIONS ABOUT VEHICLE IMPOUNDMENTS UNDER PHOENIX CITY CODE 23-55
Who is eligible for a hearing when my vehicle was impounded for violation of Phoenix City Code 23-55?
The owner, spouse of owner, operator of the vehicle, and any person who establishes a possessory interest in the vehicle may request a Post Storage Hearing. The hearing must be requested within ten (10) business days of the notice of impoundment.
For how long will my vehicle be impounded?
Vehicles impoundedpursuant Phoenix City Code 23-55 will be placed on a mandatory hold. The City Code allows for some early release exemptions, and you may be eligible to have the vehicle released sooner. For example, if you are the owner of the vehicle and you were not present at the time of the arrest, you may be allowed to have your vehicle released before the impoundment period.
How much will it cost to get my vehicle back?
Phoenix City Code 23-56 requires the owner or owner's spouse to pay for all towing and storage fees. These fees are payable to the towing company that removed and is storing your vehicle. In addition, Phoenix City Code Section 23-56.02 imposes an administrative fee of $150 paid with cash, cashier's check, or money order payable to the City of Phoenix.
How do I get my vehicle back?
The Phoenix Police Department can release your vehicle once all requirements have been satisfied pursuant to 23-56.01. On or after the impoundment period, your vehicle will generally be eligible for release to you. To receive the release paperwork, follow these steps:
- You must pay an Administrative Fee of $150 with cash, cashier's check or money order payable to the City of Phoenix . You must also provide a valid driver license, proof of insurance, and have a current registration on the vehicle. You may need to provide proof that a certified ignition interlock has been installed in the impounded vehicle, if required to do so by law. Once these requirements have been met, you will be given a copy of a release form that you must take to the towing company.
- At the towing company, you must pay the towing and storage fees. Payment is made directly to the towing company by cash, money order, certified check or credit card. If you arrive at the tow yard to reclaim your vehicle outside of regular business hours, you may be charged a gate fee. You must also present proof of your identity and ownership to the tow company.
- If you do not claim your vehicle within ten (10) days of the available release date, the towing company may file for an abandoned title to the vehicle.
What if someone other than the owner was driving the vehicle when it was impounded?
The registered owner of the vehicle may be eligible for an early release. To obtain an early release:
Do I need to have a Post Storage Hearing?
No, however, you are entitled to a hearing to determine the validity of the impoundment if you feel the vehicle was improperly impounded.
Who cinducts the hearing?
Post Storage Hearings are conducted by staff (hearing officers) in the Public Records and Services Unit of the Phoenix Police Department. Hearings are currently conducted over the telephone.
What will I have to prove in a hearing?
You must provide justification and or evidence as to why the vehicle should not have been impounded by the Phoenix Police Department. If you have any documentation or evidence, it must be provided to the hearing officer prior to or at the hearing.
Is there a fee to have a hearing?
No, there is no fee for a hearing.
Additional Hearing Information:
The Post Storage Hearing is solely for the purpose of determining the validity of the impoundment.
The Phoenix Police Department will assign the hearing officer.
After the conclusion of the hearing, and the hearing officer will make a determination below based on the preponderance of evidence:
- If the hearing officer determines the impoundment improperly impounded pursuant to Arizona Revised Statute and Phoenix City Code, the Phoenix Police Department will be responsible for the towing and impound fees.
- If the hearing officer determines the impoundment was properly impounded pursuant to Arizona Revised Statute and Phoenix City Code, the registered owner must pay the Administrative fee of $150 to Phoenix Police Department and towing and storage charges to the towing company in order to have the vehicle released.
