Legal Question in DUI Law in Virginia

Case Dismissed - How do I get an impoundment refund?

My case (charged 18.2-272) was recently dismissed when I took it to trial. Part of the driving on suspended - dwi related is a 30 immobilization of my car. The impoundment was immediately rescinded. 46.2-301.1 deals with administrative immobilization for cases such as these. Subsection D states: D. Notwithstanding any provision of this section, a subsequent dismissal or acquittal of the charge of driving on a suspended or revoked license shall result in an immediate rescission of the impoundment or immobilization provided in subsection A. Upon rescission, the motor vehicle shall be released and the Commonwealth shall pay or reimburse the person for all reasonable costs of impoundment or immobilization, including removal or storage costs, incurred or paid by him.

So, since getting my car out will cost about $1800 how I do I get reimbursed for this? How much would attorney's fees be?

Thanks.


Asked on 8/25/05, 5:19 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Case Dismissed - How do I get an impoundment refund?

Since the statute requires the Commonwealth to pay the impoundment bill if they lose the case, you need a Judge to order them to pay it. You can schedule a hearing if they will not agree outright.

There are no payment of attorneys fees provisions in such cases.

Good luck

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Answered on 8/25/05, 11:23 pm


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