St. Petersburg, Florida is gaining a reputation for money grabbing in connection with arrests for criminal offenses. Through creative local ordinance legislation they have devised ways to fill the coffers of the city's general fund. In 1999, the St. Petersburg City Council enacted an ordinance directing their police officers to impound any vehicle used in connection with a solicitation for prostitution charge. The ordinance mandated that those arrested for this offense pay a $500 administrative fee to recover their vehicle. The ordinance was expanded to cover drug arrests where a motor vehicle was used in the commission of the crime.
St. Petersburg is at it again with efforts to impose ancillary financial burdens on those persons arrested in their jurisdiction. On October 5, 2017, members of the St. Petersburg City Council passed an amendment to Ordinance 304-H, Section 20-122 of the City Code to add the charge of driving under the influence pursuant to Florida Statute 316.193 as a criteria for motor vehicle seizure, impoundment and a fine. The amendment allows St. Petersburg Police Officers to place an administrative $500 hold on any vehicle involved in a DUI offense. This fine would be in addition to the fees already assessed by the towing company for the retrieval, transportation and storage of the vehicle.
Click this video link to watch the St. Petersburg City Council discussion in their efforts to justify the additional fine. (See Section J-6 at minute 48).
The penalties for DUI in Florida are already highly burdensome. Surprisingly, the city admits that the additional $500 penalty does not represent compensation for the officer’s time and efforts to arrange for the towing of the vehicle. The police agency is already compensated for the time of its officers through the “investigative cost penalties” imposed by the judge on those persons ultimately convicted of DUI. At the council meeting, city officials argued that the new fine was being assessed to deter those arrested for DUI from committing the offense again within St. Petersburg city limits. We find this claim to lack merit, since it is unlikely the new local ordinance would cause a member of the public to consciously choose to consume alcohol in neighboring Clearwater, as opposed to St. Petersburg.
What if My Charge is Later Reduced or I am Not Convicted?
Having your DUI charge reduced to the lesser offense of Reckless Driving carries substantial benefits associated with your privilege to drive,, insurance premium increase ramifications and your criminal record. In addition, avoiding a conviction for the DUI offense will entitle you to a refund from the city for the impound fine previously paid.
Requesting a Civil Hearing in Lieu of Paying the Impound Fine
Rather than summarily paying the impound penalty to secure the release of your vehicle, you can talk to us about your right to challenge the $500 fee by timely requesting a civil preliminary hearing. The law requires that you be notified of your right to a hearing within 2 business days from the date your vehicle was impounded. Thereafter, the hearing challenging the fine must take place before a judicial magistrate within 5 business days.
What Should I Do If My Vehicle Was Impounded for a DUI Offense?
It is important to immediately schedule a free consultation with an experienced St. Petersburg / Clearwater DUI defense attorney. Our lawyers can inform you at which impound lot your vehicle is currently being stored. They can guide you through the steps for retrieving your car after a Pinellas County DUI arrest and discuss your option of requesting a civil hearing.
There are other important deadlines to be aware of when charged with a DUI offense. You only have 10-calendar days from the date of your arrest to challenge the administrative suspension placed on your driver’s license. By timely taking prompt action, most drivers take advantage of a new law that would eliminate any interruptions in their driving privileges. It is important to promptly meet with us to discuss all steps that need to be taken to protect your best interest.
Your Privilege to Drive and Freedom are in Jeopardy.
We Can Help!
The criminal defense attorneys in our office practice exclusively in Pinellas County and have a combined experience of over 25 years representing clients facing a DUI charge. They recognize the importance you place on being able to lawfully operate a motor vehicle. They also realize the stressful situation you may be currently experiencing. See: How to Emotionally Survive a DUI.
Call our office today and schedule a free consultation to discuss the unique facts and circumstances of your case with an experienced DUI lawyer.
Related Links:
Best DUI Lawyer in St. Petersburg, Clearwater, Pinellas
DUI Frequently Asked Questions
What If I Don't Want to Fight It
How to Save Time and Money
The Law Offices of Russo Pelletier & Sullivan, P.A.
Attorneys at Law
Former State Prosecutors
9721 Executive Center Drive North
Suite #120
St. Petersburg, FL 33702
Call our office to discuss your options
(727) 578-0303
Free consultations
Visit our Pinellas County DUI Defense Website : www.duistpetersburglawyer.com
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