The car was taken to the impound lot for drunkenness: what to do?

Is a car always towed if the driver is drunk?

Everyone understands perfectly well that driving while intoxicated is unacceptable. This is dangerous for both the driver and his passengers, other road users and pedestrians. However, drunk people usually overestimate their condition and get behind the wheel. Despite this, Russian legislation does not provide for confiscation of a car for drunk driving. Such proposals are regularly submitted to the State Duma, but currently the driver is removed from driving, and the car is placed in an impound lot in order to ensure its safety. That is, formally it is not a punishment.

The car is sent to a specialized parking lot until the reasons for which the decision to evacuate it is eliminated.

In the case of a drunk driver, it is not difficult to eliminate the cause - you need a sober person to get behind the wheel of the car. If you are removed from driving due to intoxication, you need to try to prevent the car from being sent to the impound lot. Of course, if you are drunk, you should not negotiate this with traffic police officers in a raised voice. Behave yourself, ask to wait a little.

Call one of your friends on the phone. You can order it, it is now offered in many cities. In general, the main thing is to ensure that a sober driver arrives at the car as soon as possible. The police may require him to show compulsory motor insurance, but now many motorists have policies that insure the driver’s liability, regardless of what kind of car he drives. Finally, you can call a tow truck yourself. Of course, you will have to pay for the service, but as a result, the car will end up where you need it, and not in a specialized parking lot.

It is important to understand that by agreeing not to have your car towed, you will not be freed from liability for drunk driving. Just save time, nerves and money. Next, we’ll look at what to do if we couldn’t come to an agreement and the drunk’s car was taken to the impound lot.

In what cases is a car taken to the impound lot?

A car may be parked for the following reasons:

• in case of non-compliance with parking rules when the driver is absent in the vehicle;
• the vehicle is in operation when the steering or braking system is faulty, which may cause an accident;

Important ! If a car is detained due to a malfunction, the driver has the right to evacuate it to a car service center, and not to a impound lot.

• in case of violation of traffic rules regarding stopping in places where this is prohibited by special road signs or markings (crossing, pedestrian path, parking spaces for disabled people);
• the driver drives a vehicle without a license or permits;
• the fact of driving by a driver who has been deprived of his rights by a court decision has been established;
• the driver is under the influence of alcohol, drugs or psychotropic intoxication, including refusal to undergo a medical examination;
• in violation of the rules for transporting goods classified as large, long and dangerous;
• when transporting a car in transit without the necessary permits;
• when illegally transporting passengers or cargo on the roads of the Russian Federation on vehicles registered outside the Russian Federation;
• when using a car for other purposes than for its intended purpose, with a complete loss of its functions, for example, for advertising promotion of a product.

How to find out where a towed car is located

Of course, you should find out from the traffic police or the tow truck driver exactly where your car will be taken. If you did not do this or cannot remember the answer given to you, you will have to find out where the car is. The easiest way is to call the traffic police. The telephone number of the police duty station is 102. The duty station of the Ministry of Emergency Situations in some way serves as the unification of all emergency services, so you can contact them by calling 112. In any case, you must be informed of the address of the impound lot where your car is located.

Finding a towed car has many nuances.

Required documents

So, if the traffic police inspector applied such a measure as detention to the violator, then the driver must act according to the following scheme:

1. At the initial stage, it is recommended to find out exactly where the car is placed. If the arrest was made in the presence of the driver (car owner), then you can obtain the necessary data from the tow truck driver or the traffic inspector who drew up the corresponding protocol. If the arrest was made without the participation of the driver/owner of the car, then you can find out about the location of the vehicle:

• at the nearest branch of the State Traffic Inspectorate. As a rule, a separate traffic police department is assigned to a separate section of the roadway, which monitors compliance with traffic rules
• by calling the regional evacuation service. If the phone number is not known, you can find it in the region's help desk
• online on the website of the evacuation service or in the corresponding mobile application. This service is not available in all regions of the Russian Federation

1. Find out the reason for the detention. The reason for applying this type of administrative punishment is indicated in the protocol. You can also obtain information about traffic violations from the department of the State Traffic Inspectorate, whose employee made the decision and towed the car.
2. Prepare a package of documents for receiving transport.

To get a car from a parking lot you will need to prepare:

• title documents for the vehicle. You can pick up a car under a purchase and sale agreement, under a certificate of inheritance, under a gift agreement, leasing agreement, and so on.
• car registration certificate
• OSAGO insurance policy. Since driving a vehicle without compulsory motor liability insurance is prohibited, this document must be issued not only to the owner, but also to the driver who has the right to operate and receives the car after evacuation
• power of attorney. If the vehicle is received by a representative of the car owner, then all actions can be performed exclusively by power of attorney
• driving license with the appropriate category
• traffic police permit. The document is issued at the department of the State Traffic Inspectorate, which recorded the violation and carried out the vehicle towing, after the cause of the detention has been eliminated. For example, if a car is detained after drinking, then you can get transport after presenting a medical report confirming the absence of alcohol (drugs) in the blood of the driver/car owner

If parking lot employees require additional documents, which is contrary to the current provisions of the law, then you will have to defend your rights in court. Qualified auto lawyers presented on our website will help you draw up a statement of claim, prepare evidence, and so on.

How to pick up a car from a parking lot

Once you have received the required address, you will not be able to immediately pick up your car from the impound lot. First you will have to collect all the required papers and visit the traffic police.

What documents are needed

In order for the parking staff to allow you to pick up your car, you must present the following documents:

• Permission from the traffic police to receive a car.
• Technical certificate.
• Power of attorney to drive a car if you are not its owner.
• A valid compulsory insurance policy for motorists' civil liability (MTPL).
• A driver's license to drive a vehicle of the appropriate category.

You can also issue a power of attorney to a third party or arrive at the impound lot together with him.

Obtaining permission from the traffic police

The only case when you first need to go to the impound area, and only then to the traffic police, is if the documents for the car were left in the cabin. Then you will have to go to the parking lot, present your passport, take the papers from the car and go with them to the traffic police. Without a technical passport, you will not be given a permit certificate.

Having arrived at the traffic police, you need to present the documents listed above and get the missing one. Usually, the traffic police first requires you to pay a fine for the violation that resulted in the car being seized. A number of lawyers consider this condition illegal. We won't discuss this now, just note: if you want to return the car quickly, this requirement is worth fulfilling.

Fine for towing a car

The amount of the penalty for the forced evacuation of vehicles is determined at the level of the constituent entities of the Federation, and therefore varies in the regions of the country. Do not forget that it is advisable to pick up the car on the first day after its evacuation, since then you will have to pay for each day of downtime.

In Moscow in 2021, the following fines are relevant:

Depending on the region of Russia and the specific parking lot, the fee for a day of downtime will range from 500 to 5 thousand rubles.

What should I do if I have not paid the prescribed amounts and the car needs to be picked up?

In paragraph 10 of Art. 27.13 of the Code of Administrative Offenses of the Russian Federation states that the car must be returned to the owner immediately if the causes of the identified violation have been eliminated. The conclusion is that the car can be picked up at any time without payment, but there are some nuances.

The reason for the detention can be eliminated if the driver sobers up or invites a friend with a valid license who is ready to deliver the car to its destination. In this case, the fine for driving while intoxicated can be paid no later than 60 days from the date of the decision. In this regard, the impound lot employees should have no questions about payment.

Problems may arise when employees of a specialized company legally demand payment for storing the car. Each region of Russia has developed and approved its own methodological recommendations on the procedure for payment and delivery of vehicles from the parking lot.

For example, in Moscow you can get it without paying for the company’s services, since car owners are given 30 days to pay off the debt. But in Irkutsk you will not be able to get your car until the services for evacuation and storage of the car are paid in full.

In addition, citizens can pick up a car without paying a fee if the object after an accident is material evidence.

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Drawing up a protocol

Before the car is detained and the evacuation begins, the traffic police officer draws up a protocol. Without this document, drawn up in 2 copies, the procedure cannot begin.

There are strict requirements for the content of the paper:

• the location from where the car was seized, the date and exact time are indicated;
• on what basis did the inspector make the decision to evacuate;
• all the exact data of the employee who compiled the document (position, title, full name);
• information about the vehicle being evacuated;
• if the owner of the car is present, then information about him;
• information about the institution in which the decision will be executed (name of the parking lot), and the full name of the responsible person;
• in the absence of the owner of the vehicle, the protocol is signed by two witnesses (if possible, the inspector records the procedure on video);
• signature of a traffic police officer.

If the car owner arrived at the evacuation site on time and is able to correct the violation on his own, but the traffic police officer continues to detain her, the driver has the right to demand that this be noted in the protocol, as well as to include a list of valuables left in the car.

What should a car owner do if the car was taken to an impound lot in violation of the protocol or evacuation rules: since a complaint will not be considered over the phone, you need to apply directly to the traffic police department.

Where to go (with tables)

You can find out about the evacuation of a car and obtain permission to receive a vehicle at the traffic police department and the evacuation service.

In Moscow

Car owners in the capital can find out about the car being sent to a parking lot by:

• at the traffic police duty station at numbers 02 or 112
• in MADI. Hotline number or 3210 (for free calls from mobile phones)
• on the websites mos.ru, Moscow Transport, Moscow Parking, Autocode

Is it possible to prepare documents at night? You can apply for a permit to receive a car:

In St. Petersburg

You can find out about the location of a car after an accident with victims or evacuation for other reasons by calling the region’s unified dispatch service:

From your mobile phone you should dial +7 (812) 680-33-33.

Permits are issued in the following traffic police departments:

If the vehicle is taken from the organization

If a traffic violation was committed on a car owned by a legal entity, then the following may receive the vehicle:

• owner of the company with documents confirming authority (charter of the organization, extract from the register of legal entities, order/decision on the appointment of a manager)
• representative of a legal entity acting on the basis of a power of attorney issued by the head

Additionally you will also need:

• documents that serve as the basis for registering a car
• vehicle registration certificate
• insurance policy
• driver license

It will not be possible to pick up a car without a license and without insurance, since these documents are required to operate the vehicle.