LD 1906
pg. 3
Page 2 of 7 An Act To Safeguard Maine's Highways Page 4 of 7
Download Bill Text
LR 2488
Item 1

 
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.

 
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.

 
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.

 
The application, issuance, execution and return of an order are
subject to applicable state law.

 
A law enforcement officer may impound a motor vehicle without
court order when the seizure is incident to an arrest for OAS.

 
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:

 
A. Filed within 21 days of the date of impoundment; and

 
B. Labeled "Vehicle Report" and include, without limitation:

 
(1) A description of the vehicle;

 
(2) The place and date the vehicle was seized for
impoundment;

 
(3) The name and address of the owner or operator of
the vehicle at the time of seizure;

 
(4) The name and address of any other person who
appears to have an ownership interest in the vehicle;
and

 
(5)__The place where the vehicle is being held.

 
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.


Page 2 of 7 Top of Page Page 4 of 7