§ 28-7764 — Motor vehicle immobilization, tow and impoundment; hearing; release of motor vehicle

A. On petition by a toll operator, a hearing officer may order that a motor vehicle be immobilized, towed or impounded for the purpose of facilitating enforcement of any toll evasion if the hearing officer finds that the person is a repeat toll evader and has unsatisfied liability involving the motor vehicle. The hearing officer's order may be enforced by any peace officer with jurisdiction in the location in which the motor vehicle is found.

B. The registered owner of a motor vehicle that is immobilized, towed or impounded for unsatisfied liability under this section, the spouse of the registered owner and each person identified on the department's record with an interest in the motor vehicle shall be provided an opportunity for an immobilization or poststorage hearing pursuant to section 28-3514 solely for the purpose of challenging the validity of the immobilization, tow or impoundment. This hearing shall not readjudicate the merits of any previously adjudicated notice of toll evasion.

C. An immobilized or impounded motor vehicle shall be released immediately if all of the following have been paid:

1. The full amount of the tolls, administrative charges and penalties.

2. Assessed filing fees and postaward collection and execution costs.

3. Costs incurred for immobilization, towing and storage.

4. Administrative charges established pursuant to section 28-3513.