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Session Laws, 2003
Volume 799, Page 2697   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 376

(E) A MOTOR VEHICLE IMPOUNDED UNDER THIS SECTION MAY BE RELEASED
TO A PERSON OTHER THAN THE ARRESTEE BEFORE THE END OF THE IMPOUNDMENT
PERIOD DESCRIBED UNDER SUBSECTION (D) OF THIS SECTION ONLY IF:

(1) THE MOTOR VEHICLE IS NOT OWNED OR LEASED BY THE ARRESTEE
AND THE PERSON WHO OWNS OR LEASES THE MOTOR VEHICLE CLAIMS THE MOTOR
VEHICLE AND MEETS THE CONDITIONS FOR RELEASE SPECIFIED IN SUBSECTION (F)
OF THIS SECTION; OR

(2) (I) THE MOTOR VEHICLE IS OWNED OR LEASED BY THE ARRESTEE;

(II) THE ARRESTEE ALLOWS THE RELEASE OF THE MOTOR
VEHICLE TO ANOTHER PERSON WHO HAS ACKNOWLEDGED, IN WRITING, RECEIPT OF
THE STATEMENT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION; AND

(III) THE CONDITIONS FOR RELEASE SPECIFIED IN SUBSECTION (E)
OF THIS SECTION ARE MET.

(F) A MOTOR VEHICLE IMPOUNDED UNDER THIS SECTION MAY NOT BE
RELEASED UNLESS THE PERSON CLAIMING THE MOTOR VEHICLE:

(1) PRESENTS A VALID DRIVER'S LICENSE, PROOF OF OWNERSHIP OF OR
LAWFUL AUTHORITY TO OPERATE THE MOTOR VEHICLE, AND PROOF OF VALID
MOTOR VEHICLE INSURANCE FOR THAT MOTOR VEHICLE;

(2) IS ABLE TO OPERATE THE MOTOR VEHICLE SAFELY WITHOUT
VIOLATING ANY PROVISION OF THIS ARTICLE; AND

(3) SUBJECT TO REVIEW BY THE DISTRICT COURT, MEETS ANY OTHER
REASONABLE CONDITION FOR RELEASE THAT IS ESTABLISHED BY THE LAW
ENFORCEMENT AGENCY.

(G) A LAW ENFORCEMENT AGENCY THAT IMPOUNDS A MOTOR VEHICLE
UNDER THIS SECTION MAY CHARGE A REASONABLE FEE FOR TOWING AND STORAGE
OF THE MOTOR VEHICLE AND MAY RETAIN THE MOTOR VEHICLE UNTIL THE FEE IS
PAID.

(II) THE ATTORNEY GENERAL SHALL:

(1) ESTABLISH THE CONTENT AND FORM OF THE WRITTEN STATEMENT
OF LIABILITY AND ACKNOWLEDGMENT OF RECEIPT DESCRIBED UNDER SUBSECTION
(B) OF THIS SECTION; AND

(2) ADOPT REGULATIONS TO CARRY OUT THIS SECTION.

(I) THIS SECTION DOES NOT IMPOSE A DUTY ON A PHYSICIAN OR OTHER
HEALTH CARE PROVIDER INVOLVED IN THE TREATMENT OR EVALUATION OF THE
ARRESTEE.

- 2697 -

 

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Session Laws, 2003
Volume 799, Page 2697   View pdf image
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