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![handle is hein.sag/sagnc0037 and id is 1 raw text is: [447] January 14, 2000
David E. Inabinett
Brinkley Walser, P.L.L.C.
10 LSB Plaza
Lexington, NC 27292
Re: Advisory Opinion; Seizure of Vehicles for Offenses Involving
Impaired Driving While License Revoked; Responsibility for Towing
Charges; G.S. § 20-28.3
Dear Mr. Inabinett:
On behalf of the Davidson County Board of Education, you have written to
request our opinion regarding the responsibility for towing charges incurred when a
vehicle is seized pursuant to G.S. § 20-28.3, Seizure, impoundment, forfeiture of motor
vehicles for offenses involving impaired driving while license revoked.
According to your letter, the Davidson County Board of Education has contracted
with a statewide contractor to tow vehicles subject to seizure. You further represent,
however, that local law enforcement officers frequently do not call that contractor to tow
the vehicles. Instead of calling the company with which the board of education has
contracted, the officers are calling the next towing company on the regular local
rotation. In light of those facts, you have asked whether the local board of education or
the law enforcement authority is responsible for paying the towing charges.
G.S. § 20-28.3(d) provides in pertinent part:
Unless the motor vehicle is towed pursuant to a statewide or regional
contract, or a contract with the county board of education, the seized
motor vehicle shall be towed by a commercial towing company designated
by the law enforcement agency that seized the motor vehicle. Seized
motor vehicles not towed pursuant to a statewide or regional contract or a
contract with a county board of education shall be retrieved from the
commercial towing company within a reasonable time, not to exceed 10
days, by the county board of education or their agent who must pay
towing and storage fees to the commercial towing company when the
motor vehicle is retrieved. . . . The seized motor vehicle is under the
constructive possession of the county board of education for the county in
which the operator of the vehicle is charged at the time the vehicle is
delivered to a location designated by the county board of education or
delivered to its agent pending release or sale, or in the event a statewide
or regional contract is in place, under the constructive possession of the
Department of Public Instruction, on behalf of the State at the time the
vehicle is delivered to a location designated by the Department of Public
Instruction or delivered to its agent pending release or sale.](ViewImageLocal?handle=hein.sag/sagnc0037&div=1&collection=&method=preview&ext=.png&size=3)