Under the Police Powers and Responsibilities Act, a police officer may impound your car if you commit certain offences. In this area of the law, there are two types of offences, each with different consequences.

The first type of offences includes:

  • Evading police, and,
  • If committed during a speed trial, a race between vehicles or a burn out:
    • The dangerous operation of a motor vehicle
    • Careless driving
    • Organising, promoting or taking part in racing or speed trials
    • Wilfully starting or driving a motor vehicle in a way that makes unnecessary noise or smoke

The police have the power to impound your car for ninety days if you have been charged with having committed one of these offences. If you are charged with another of these offences within five years, and the original charge has not yet been decided or you were found guilty of that original charge, the police may impound your car until proceedings relating to the second charge have been finalised. If you are found guilty of that second offence, your car will be taken from you permanently.

The second type of offences includes:

  • Driving a vehicle while it is uninsured and unregistered
  • Unlicensed driving
  • High-range drink driving – 0.15% and over
  • Exceeding the speed limit by more than 40km/h
  • Driving an illegally modified vehicle
  • Failure to supply a specimen of breath or blood
  • Driving while under a 24 hour suspension

If you have been charged with one of these offences, the police may not impound your car. However, if you are charged with a second offence within five years, and the original charge has not been decided or you were found guilty of that original charge, the police may impound your car for seven days. Similarly, if you are charged with a third offence, the police may impound your car for ninety days. If you are found guilty of a fourth offence, your car will be taken from you permanently.

If your car has been impounded by the police and you need legal advice, call Robertson O’Gorman Solicitors on 3034 0000.