Seizure Impoundment Tows

In April 2011 the City of Macomb implemented a new policy in regards to the seizing, towing, and impounding of a vehicle in which the vehicle was used during the violation of the following Illinois Compiled Statutes:

Driving Under the Influence (625 ILCS 5/11-501)

Failure to Appear Warrant arrest in McDonough County

Illinois Controlled Substance Act (720 ILCS 570/100 et. seq.) or

Illinois Cannabis Control Act (720 ILCS 550/1 et. seq.) or

any vehicle that is used in the purchase, attempt to purchase, sale, or attempt to sale such illegal substances

No Valid Illinois Driver’s License, Permit, or Restricted Driver’s Permit issued under sections 6-205, 6-206 or 6-113 of the Illinois Motor Vehicle Code 625 ILCS 5/6-205, 625 ILCS 5/6-206, or 625 ILCS 5/6-113

Any vehicle Leaving the Scene of a Personal Injury or Property Damage Accident (625 ILCS 5/11-204 and 625 ILCS 5/11-204.1)

Fleeing and Attempting to Elude a Police Officer (625 ILCS 5/11-204 and 625 ILCS 5/11-204.1

Unlawful Use of Weapons (720 ILCS 5/24-1(a)(4))

Vehicle used in commission of Prostitution (720 ILCS 5/11)

Driving While Driver’s License, Permit, or Privilege to Operate a Motor Vehicle is Suspended or Revoked (625 ILCS 5/6-303)

Registration Suspended for Non-Insurance (625 ILCS 5/3-708)

Vehicle used by a person during the Aiding or Abetting or Commission of a Felony

Subjects in violation of the above statutes can expect that the vehicle used will be seized, towed, and impounded at the City of Macomb Vehicle Impound.  A $500.00 Administrative Fee will also be assessed in addition to ordinary tow and storage fees.

$75 for tows 8:00 a.m. – 5:00 p.m. Monday – Friday

or $150 for tows at all other times and governmental holidays

+ $20 per day Storage Fee after first 24 hours

+ $500 Administration Fee for Seizure Impoundment tows

If an owner of a seized and impounded vehicle feels no violation had occurred a Request for Preliminary Hearing form may be completed and given to the on-shift supervisor at the Macomb Police Department.  The Request for Preliminary Hearing form must be completed and returned within 12 hours of the vehicle seizure and impoundment.  The supervisor receiving the Request for Preliminary Hearing form shall conduct a preliminary hearing within 72 hours of receipt.  The preliminary hearing will determine if the facts of the case ensure the officer had probable cause to make an arrest and seize the vehicle.  Upon completion of the preliminary hearing a decision will be made to determine if the vehicle will either continue to be impounded or be released to the registered owner.

Within 10 business days after a vehicle is seized and impounded a Notice of Right to Request Final Hearing form will be sent to the registered owner via mail.  If the registered owner files a written request for a hearing with the police department within 15 days after the notice was mailed, a hearing shall be held no later than 45 days after the request of the hearing was filed.

The Final Hearing will consist of the City Attorney and a third-party Attorney reviewing the incident that led to the vehicle being seized.  If the vehicle owner wishes to contest the seizure he/she must appear at the Final Hearing to testify.  If the two attorneys determine by preponderance of the evidence that the seized vehicle was used in committing a violation of one of the above statutes then the vehicle will continue to be impounded until all fees are paid.  If the registered owner fails to appear to a Final Hearing an automatic plea of liability shall be entered and any bond paid shall be applied as the administrative penalty.  If it is determined that a violation did not occur then the vehicle will be released or the cash bond returned without penalty or fees.

Failure to claim a seized and impounded vehicle within 30 days of a Final Hearing will result in the disposal of the vehicle as an unclaimed vehicle under Illinois Vehicle Code