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payment of any towing and storage fees, unless another person | | satisfies the court by a preponderance of the evidence that | | the other person had a right to possess that motor vehicle, to | | the exclusion of the defendant, at the time of the violation. |
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| | | 4.__Preliminary order. At the request of the State, the court | | may issue, ex parte, a preliminary order to impound a motor | | vehicle subject to impoundment and to provide for custody of that | | motor vehicle.__That order may include an order to a financial | | institution or to any fiduciary or bailee to impound the vehicle | | in its possession or control and to release the vehicle only on | | further order of the court. |
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| | | The court may issue an order only on a showing of probable cause | | and after criminal complaints of OAS have been filed against the | | owner-operator. |
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| | | The application, issuance, execution and return of an order are | | subject to applicable state law. |
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| | | A law enforcement officer may impound a motor vehicle without | | court order when the seizure is incident to an arrest for OAS. |
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| | | 5.__Reports. An officer, department or agency seizing a | | vehicle shall file a report of impoundment with the Attorney | | General or a district attorney having jurisdiction over the | | vehicle. The report must be: |
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| | | A. Filed within 21 days of the date of impoundment; and |
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| | | B. Labeled "Vehicle Report" and include, without limitation: |
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| | | (1) A description of the vehicle; |
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| | | (2) The place and date the vehicle was seized for | | impoundment; |
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| | | (3) The name and address of the owner or operator of | | the vehicle at the time of seizure; |
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| | | (4) The name and address of any other person who | | appears to have an ownership interest in the vehicle; | | and |
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| | | (5)__The place where the vehicle is being held. |
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| | | 6.__Rules. The Attorney General shall adopt routine technical | | rules as defined in Title 5, chapter 375, subchapter 2-A for the | | disposition of impounded vehicles. |
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