ORS 809.700
Court-ordered impoundment or immobilization upon conviction

  • grounds
  • duration
  • vehicles subject
  • return
  • security interest holder rights

A court may order a motor vehicle impounded or immobilized upon conviction for the traffic offenses described in this section. The authority to impound or immobilize a vehicle under this section is subject to all of the following:

(1)

The court may order a vehicle impounded or immobilized under this section when a person is convicted:

(a)

For driving a motor vehicle while the person’s license is suspended or revoked in violation of ORS 811.175 (Violation driving while suspended or revoked) or 811.182 (Criminal driving while suspended or revoked); or

(b)

On a second or subsequent charge of driving while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants).

(2)

A vehicle may be impounded or immobilized under this section for not more than one year from judgment.

(3)

The following vehicles may be impounded under this section:

(a)

Any motor vehicle of which the convicted person is the owner.

(b)

Any motor vehicle which the convicted person is operating at the time of arrest.

(4)

A vehicle may be immobilized under this section if the vehicle is registered in this state and is a vehicle that may be impounded under subsection (3) of this section.

(5)

Intentionally left blank —Ed.

(a)

If a vehicle is ordered to be immobilized under this section and if the convicted person resides in the jurisdiction of the law enforcement agency that arrested the person for the offense described in subsection (1) of this section, the arresting law enforcement agency shall install a vehicle immobilization device on the vehicle. If the convicted person does not reside in the jurisdiction of the law enforcement agency that arrested the person, the sheriff of the county in which the person resides shall install the device.

(b)

A vehicle ordered immobilized under this section shall be immobilized at the residence of the owner of the vehicle or at the location where the owner regularly parks the vehicle.

(c)

A vehicle ordered immobilized under this section may be immobilized only in a location at which the vehicle may be legally stored for the period of the immobilization order. If no location is available at which the vehicle may be legally stored, the vehicle may be impounded for the period of the immobilization order.

(d)

A vehicle owner who fails to allow installation of a vehicle immobilization device ordered under this section shall be subject to contempt of court proceedings under ORS 33.015 (Definitions for ORS 33.015 to 33.155) to 33.155 (Applicability).

(6)

Intentionally left blank —Ed.

(a)

If a vehicle is impounded under this section, the person convicted shall be liable for the expenses incurred in the towing and storage of the vehicle under this section, whether or not the vehicle is returned to the person convicted.

(b)

If a vehicle is immobilized under this section, the person convicted shall be liable for the expenses incurred in installation and removal of the vehicle immobilization device and for rental of the device during the period the device is installed on the vehicle, whether or not the vehicle is released to the person convicted.

(7)

A vehicle shall be released or returned to the person convicted or the owner only upon payment of the expenses incurred in the immobilization or towing and storage of the vehicle under this section.

(8)

If a vehicle is not reclaimed within 30 days after the time set for the return of the vehicle in an impounding order or release of the vehicle in an immobilization order, the vehicle may be disposed of in accordance with procedures under ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) to 819.215 (Disposal of vehicle appraised at $500 or less).

(9)

The court may order that a motor vehicle of which the convicted person is not the owner be impounded or immobilized under this section only if the court is satisfied by a preponderance of the evidence that the owner knew or had good reason to know that the convicted person:

(a)

Did not have a valid license and knowingly consented to the operation of the vehicle by the convicted person; or

(b)

Was operating the vehicle while under the influence of intoxicants.

(10)

The authority to impound or immobilize a vehicle under this section is subject to the rights of a security interest holder under a security agreement executed before an arrest for violation of an offense for which the vehicle may be impounded or immobilized under this section. A vehicle shall be released for the purpose of satisfying a security interest if:

(a)

A request in writing is made to the court; and

(b)

The security interest holder pays the expenses in towing and storage or in immobilization of the vehicle.

(11)

A security interest holder’s obligation to pay and right to recover towing and storage or immobilization expenses under subsection (10) of this section are limited to the recovery of those towing and storage or immobilization expenses incurred during the initial 20-day period when the vehicle was in public storage or immobilized, unless the authority taking the vehicle into custody or immobilizing the vehicle under this section has transmitted by certified mail a written notice to the holder concerning the accrual of storage or immobilization expenses. If the vehicle is in private storage, the lien claimant shall transmit the written notice. [1983 c.338 §385; 1985 c.16 §200; 1987 c.730 §18; 1993 c.385 §3; 1997 c.540 §3; 1999 c.467 §2; 2009 c.371 §2; 2021 c.630 §92]

Source: Section 809.700 — Court-ordered impoundment or immobilization upon conviction; grounds; duration; vehicles subject; return; security interest holder rights, https://www.­oregonlegislature.­gov/bills_laws/ors/ors809.­html.

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
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