12/30/2013

  Concealed Handgun Licensing, Restraining/Stalking Orders, Civil Process, Legal Referral,  
  Impounded/Abandoned Vehicles, Fingerprinting, Courthouse Security, Property Auctions  
 
LINN COUNTY SHERIFF'S OFFICE: CIVIL DIVISION
 
  IMPOUNDED/ABANDONED VEHICLES  
     
 

Linn County Sheriff’s Office Civil Division

Impounded/Abandoned Vehicles

The division is responsible for processing vehicles that are towed by either the State Police or the Sheriff’s Office as abandoned, parked on or near a highway constituting a hazard, or vehicles impounded under State nuisance codes.  A notice must be sent to the owner or security interest holder of the vehicle notifying them of the location of the vehicle and procedures to obtain a hearing or release of the vehicle.  Each vehicle must be appraised by a person licensed by the State and currently each deputy in the division is licensed to appraise vehicles.  Vehicles that are not claimed by their owners must be sold or disposed of to the towing firm or sold at public auction.

In FY 06/07, the division processed the paperwork for and appraised 546 vehicles. 

Impounds For Certain Driving Offenses

Vehicles may be impounded under state statute for the following offenses: 

            Driving under the influence of intoxicants

            Driving while suspended or revoked

            Driving without a valid drivers license

Driving outside of drivers’ license restrictions. This includes juveniles with provisional licenses driving during prohibited hours or with too many persons as passengers, or driving with a partially reinstated license (hardship permit) outside of allowed times or locations.

Driving uninsured

If your vehicle has been towed for one of the above offenses, click here for information on procedures for claiming the vehicle.

Court Ordered Impounds

Under state laws, a court may order the sheriff to impound a vehicle for up to one year if you have been convicted of driving while suspended or revoked, or for a second or subsequent charge of driving under the influence of intoxicants.  If your vehicle was impounded by court order, only the court can authorize the release of the vehicle. 

Notice of Tow

The law requires that we send a notice to the registered owner of the vehicle as shown in DMV records.  If you sold your vehicle but did not notify DMV that it was sold or provide the name of the person you sold it to, you will receive the notice that the vehicle has been towed.  

The purpose of the notice is to inform the owner that the vehicle has been towed, how to go about having a hearing regarding the legality of the tow or reasonableness of the towing charges, and that if not claimed, the vehicle will be sold at auction. 

For information on a hearing, click here.

Release of Impounded Vehicles

Vehicles that were impounded under state statute for driving while suspended, revoked, uninsured, under the influence, or out of driving restrictions can be released upon payment of administrative fees and towing fees.  You can go to the sheriff’s office at 1115 SE Jackson Street in Albany or any sheriff’s office substation to obtain a release.  You must bring the following:

            Proof that a person with valid driving privileges will be operating the vehicle.

            Proof of insurance

            Picture identification

            Proof of ownership of the vehicle.

            $100 administrative fee in cash only

The tow fee is paid directly to the tow company.  They generally will not accept checks.  Call them regarding payment with credit cards.  Note that most tow companies charge an extra fee if you request your vehicle after 5:00 pm. 

You can satisfy the insurance requirements by:

            A motor vehicle liability insurance policy or card issued by an insurance company

            A bond approved by a judge of a court of record in this state

            A deposit with the state treasurer

            A self insurance certificate

The existence of a policy may be confirmed prior to releasing the vehicle.  It is a crime to forge proof of insurance, offer proof of insurance knowing or having reason to believe it is forged, or falsely certify to the existence of insurance.

An insurance policy or card must contain:

            The name of the insurance company

            An effective date

            An expiration date

            A description of the vehicle or vehicles covered

            The name of the person insured

If you are not shown on DMV records as the registered owner, you must show one of the following:

            A properly signed title

            A notarized Bill of Sale

            A bill of sale on car business letterhead

Hearings

A person who receives a notice that the vehicle has been towed or any person who reasonably appears to have an interest in the vehicle may request a hearing to contest the validity of the tow.  You must submit a request for the hearing in writing not more than five days from the mailing of the notice that the vehicle was towed to the following:

            Linn County Board of Commissioners

            County Courthouse

            Albany Oregon  97321