What to do if police deny impounding my vehicle and my registration is missing?

Question

My vehicle was impounded by Mesa PD while my fiancé was driving it. She informed the officer that she wasn't the registered owner and provided my information, but the officer ignored her. Upon her release, she called me, and when I contacted the police station, they denied having my car or pulling it over, transferring me to another city's PD. The paperwork from her arrest shows they inventoried my car, but I was never notified. The impound yard claims my registration paperwork is missing, although my fiancé confirms she tried giving it to the officer. She was arrested for DUI, despite not being intoxicated, and released shortly after. What steps should I take to retrieve my car and resolve this situation?

Matthew Maerowitz · Answer

Your fiancé should speak with a lawyer.  Most likely she has either been charged (with an upcoming court date) or will later receive a summons and be charged with a DUI pending blood results.  Officers frequently have body camera video activated during criminal investigations including DUI so there should be video evidence to show what happened.  Many DUI lawyers offer free consultations to go over the process and explore any possible defenses. 
 
If your original copy of registration has gone missing, you can get a duplicate from ADOT and gather evidence of ownership to request your vehicle be released to you.

Charlie Naegle · Answer

The police department usually sends a written notice of impoundment to the registered owner (if the owner was not present) — Usually within 24 hours, or a few business days. A.R.S. § 28‑3512.  
As the owner you typically have the right to request a post-storage hearing or impound validity hearing to contest whether the impound was legally justified. 
 
I am guessing that they will be charging her soon with a DUI as soon as her blood results are analyzed. If a vehicle was Impounded, the impound period under A.R.S. § 28‑3511 is mandatory for certain DUI violations, however, early release of your vehicle should be possible since you were not the driver at the time of the impound.

James L. Arrasmith · Answer

Start by documenting everything you know about the situation, including the arrest paperwork showing your vehicle was inventoried and any attempts your fiancé made to provide registration. Keep a record of all communications with the Mesa PD and the impound yard, including dates, names, and what was said. 
 
Next, request a written statement from the impound yard explaining why they are holding your car and why your registration is considered missing. Contact the city police department’s internal affairs or records division to file a complaint about the mishandling and lack of notification. Providing proof of ownership, such as the title or insurance, may help validate your claim to the vehicle. 
 
If these steps don’t resolve the situation, consider sending a formal written demand for the release of your car. You may also consult with an attorney to discuss potential legal actions to recover your property, especially if police records conflict with impound records. Acting quickly and keeping detailed records will strengthen your position to retrieve your car.

Q: What to do if police deny impounding my vehicle and my registration is missing?