Can Police Tow or Impound Your Car After an Arrest in New Jersey?
Yes. New Jersey police can tow or impound your car after an arrest, but outside of a DWI arrest they usually need a real reason to do it. After a DWI or breath-test refusal arrest, N.J.S.A. 39:4-50.23 requires police to impound the car for 12 hours, with limited early release. Police can also remove an unregistered vehicle from the road under N.J.S.A. 39:3-4, and a car can be impounded on a warrant if you do not show proof of insurance within 24 hours of a ticket. In other arrests, the New Jersey Supreme Court has held that police generally must give the driver a reasonable chance to make other arrangements before impounding the car.
| Question | Short answer |
|---|---|
| Is impound automatic after a DWI arrest? | Yes. N.J.S.A. 39:4-50.23 requires a 12-hour impound after a DWI or refusal arrest, with some exceptions |
| Can police tow an unregistered car? | Yes. N.J.S.A. 39:3-4 lets any officer remove an unregistered vehicle from a public highway, at the owner’s expense |
| What if I had no insurance card? | You have 24 hours to give police proof of insurance, or a warrant to impound the car can issue (N.J.S.A. 39:3-29.1a) |
| Do police need a reason to impound after other arrests? | Generally yes. Under State v. Slockbower, the driver should get a reasonable chance to arrange for the car first |
| Can police search a car they impound? | Within limits. Under State v. Mangold, a present owner must be offered the choice to consent to an inventory or safeguard the property |
| Who sets towing fees? | For police tows, usually a municipal ordinance, resolution or contract, under Division of Consumer Affairs rules |
When Can Police Tow Your Car in New Jersey?
No single New Jersey rule lets police tow every car after every arrest. Towing usually rests on one of these grounds:
- A DWI or refusal arrest, which triggers a mandatory 12-hour impound.
- An unregistered vehicle on a public highway.
- No proof of insurance after the 24-hour window to produce it.
- No lawful driver available to take the car.
- Safety, such as a car blocking traffic.
- Evidence or forfeiture, when the car itself is tied to a crime.
Many stops end with a ticket, not an arrest. See charges you may face at a traffic stop.
Can Police Impound Your Car Without a Warrant?
Often, yes, but the impound must be reasonable. In State v. Slockbower, 79 N.J. 1 (1979), a driver was arrested on a warrant after a street stop, and police impounded and searched the car. The New Jersey Supreme Court held that the impound and inventory violated his privacy rights because he did not consent and was not given a reasonable opportunity to make other arrangements. The car was not disabled or a nuisance and could have been parked and locked.
So if you are arrested and your car is safely parked, police should usually let you leave it or call someone for it, unless a statute requires impound or there is a real safety reason. Ask the officer whether a licensed driver can take the car.
Can Police Search My Car if They Tow It?
Police often inventory the contents of an impounded car. New Jersey limits this. In State v. Mangold, 82 N.J. 575 (1980), the Supreme Court held that when a lawfully impounded vehicle’s owner or permissive user is present, that person must be given the option of consenting to the inventory or making other arrangements to safeguard the property. Evidence found in an inventory done without that choice was suppressed.
You can refuse consent to a search. See what to do when refusing a car search.
What Happens to Your Car After a DWI Arrest?
Under N.J.S.A. 39:4-50.23, police must impound the car you were driving after an arrest for DWI or for refusing breath testing, and hold it for 12 hours from the arrest. Key details:
- Under Attorney General guidelines, before the impound you may let a licensed passenger at the scene who can drive safely take the car.
- If someone else owns or leases the car, that person can claim it early. If you own it, another person can take it early only with your permission and after acknowledging in writing receipt of the liability warning required by N.J.S.A. 39:4-50.22.
- Whoever claims the car must show a valid license, proof of ownership or authority to drive it, and proof of insurance, and must be able to drive it safely.
- Police may charge a reasonable towing and storage fee and hold the car until it is paid.
The person who takes the car can face liability if they let you drive it while still impaired. Read more about DWI defense in New Jersey.
Can a Cop Tow Your Car for Expired Tags or No Registration?
N.J.S.A. 39:3-4 is the New Jersey law requiring a vehicle to be registered before it is driven on a public road. It also states that any police officer is authorized to remove an unregistered vehicle from the public highway to a storage space or garage, and the owner pays the removal and storage costs. The fine under that section is up to $100.
If you searched for nj 39:3-4, you were likely ticketed for driving an unregistered vehicle; an expired registration is often charged this way. It is a motor vehicle violation, not a crime, and proof of a valid or promptly renewed registration can matter in court.
What Happens if You Get Pulled Over With No Insurance?
Two separate laws can apply. If you cannot show an insurance card, you can be ticketed under N.J.S.A. 39:3-29. Under N.J.S.A. 39:3-29.1a, you then have 24 hours to give the police agency proof of insurance. If you do not, a warrant can issue to impound the car, and you pay towing and storage costs. If it is not reclaimed within 30 days, the town may sell it at auction after notice and a hearing. To reclaim it, you show proof of insurance and pay towing, storage, a $100 municipal fine and other fines owed.
Actually driving without insurance is a different, more serious charge under N.J.S.A. 39:6B-2. A first offense carries a fine of $300 to $1,000 and community service, and the court may suspend your driving privileges for up to one year. The court can reduce or eliminate the suspension if you show proof of insurance at the hearing.
Can Police Tow Your Car if Your License Is Suspended?
An officer will not let a suspended driver keep driving, but that does not always mean a tow. If a licensed passenger or someone you call can take the car, Slockbower supports letting them. See can a driving while suspended charge be dismissed.
Police Hold on a Vehicle: When Your Car Is Evidence
If police believe the car was used in a crime, they may hold it as evidence. New Jersey’s forfeiture law, N.J.S.A. 2C:64-1, covers property used in unlawful activity, including conveyances intended to facilitate illegal acts. Such property can be held as evidence while a prosecution is pending. A tow yard usually cannot release a car on hold until police or the prosecutor do. Forfeiture is a separate court case, so act quickly if the State moves to keep your car.
Can Police Tow Your Car From Your Driveway?
The towing powers above, such as N.J.S.A. 39:3-4, cover vehicles on public highways. Seizing a car from your driveway generally requires a warrant or a recognized legal exception. If police took a car from your property, have a lawyer review it.
How to Get Your Car Back After It Is Impounded
- Call the police department that ordered the tow. Ask where the car is, whether there is a hold, and whether you need a release form.
- Bring documents. Expect to need a valid driver’s license, proof of ownership or registration, and proof of current insurance.
- Bring payment. Storage is billed in full 24-hour periods, so fees grow daily.
- Bring a licensed driver if your license is suspended, and get an itemized bill.
What Can a Tow Company Charge in New Jersey?
The Predatory Towing Prevention Act, N.J.S.A. 56:13-7 et seq., and the Division of Consumer Affairs rules at N.J.A.C. 13:45A-31 regulate non-consensual towing. For a tow ordered by police, a tow company may charge a reasonable storage fee. It may charge a reasonable towing fee if the amount is set by a municipal ordinance or resolution, or by the town’s contract with the tower. Those fees are presumed reasonable, but that can be challenged. It is unlawful to charge an unreasonable or excessive fee, and a tower generally cannot refuse a credit or debit card it normally accepts at its place of business. The Division’s Director can order a refund of an unreasonable fee, with interest.
If the stop itself was unlawful, see challenging a traffic stop.
Frequently Asked Questions
How long can police keep my car after a DWI arrest in New Jersey?
The law requires a 12-hour impound from the arrest. Early release is possible in limited cases, and the car can be held longer until fees and release conditions are met.
Can police impound your car for speeding?
A speeding ticket alone is not a reason to impound a car. A tow usually happens only if there is another problem, such as an arrest with no lawful driver available, no registration or no proof of insurance.
What happens if your car is impounded and you do not pick it up?
Storage fees keep adding up. In an uninsured-vehicle impound, the town may sell the car at auction if it is not reclaimed within 30 days, after notice and a hearing.
Why would police tow a car after an arrest?
Common reasons are a DWI arrest, an unregistered or uninsured vehicle, no licensed driver to take the car, a safety hazard, or the car being evidence of a crime.
Talk to a New Jersey Lawyer About Your Arrest and Impounded Car
William Proetta Criminal Law has over 15 years of criminal trial experience in courts across New Jersey. We review the stop, the arrest, the impound and any search. Call (201) 793-8018 for a free, confidential review, 24/7, or contact us online. Se habla español.
