§ 511-b. Seizure and redemption of unlawfully operated vehicles. 1.\nUpon making an arrest or upon issuing a summons or an appearance ticket\nfor the crime of aggravated unlicensed operation of a motor vehicle in\nthe first or second degree committed in his presence, an officer shall\nremove or arrange for the removal of the vehicle to a garage, automobile\npound, or other place of safety where it shall remain impounded, subject\nto the provisions of this section if: (a) the operator is the registered\nowner of the vehicle or the vehicle is not properly registered; or (b)\nproof of financial security is not produced; or (c) where a person other\nthan the operator is the registered owner and, such person or another\nproperly licensed and authorized to possess and operate the vehicle is\nnot present. The vehicle shall be entered into the New York statewide\npolice information network as an impounded vehicle and the impounding\npolice department shall promptly notify the owner and the local\nauthority that the vehicle has been impounded.\n 2. A motor vehicle so impounded shall be in the custody of the local\nauthority and shall not be released unless:\n (a) The person who redeems it has furnished satisfactory evidence of\nregistration and financial security;\n (b) Payment has been made for the reasonable costs of removal and\nstorage of the motor vehicle. The registered owner of the vehicle shall\nbe responsible for such payment provided, however, that if he was not\nthe operator at the time of the offense he shall have a cause of action\nagainst such operator to recover such costs. Payment prior to release of\nthe vehicle shall not be required in cases where the impounded vehicle\nwas stolen or was rented or leased pursuant to a written agreement for a\nperiod of thirty days or less, however the operator of such a vehicle\nshall be liable for the costs of removal and storage of the vehicle to\nany entity rendering such service.\n (c) Where the motor vehicle was operated by a person who at the time\nof the offense was the owner thereof, (i) satisfactory evidence that the\nregistered owner or other person seeking to redeem the vehicle has a\nlicense or privilege to operate a motor vehicle in this state, and (ii)\n(A) satisfactory evidence that the criminal action founded upon the\ncharge of aggravated unlicensed operation of a motor vehicle has been\nterminated and that any fine imposed as a result of a conviction thereon\nhas been paid, or (B) a certificate issued by the court in which the\ncriminal action was commenced ordering release of the vehicle prior to\nthe judgment or compliance therewith in the interest of justice, or (C)\na certificate issued by the district attorney or other officer\nauthorized to prosecute such charge waiving the requirement that the\nvehicle be held as security for appearance before and compliance with\nthe judgment of the court.\n 3. When a vehicle seized and impounded pursuant to this section has\nbeen in the custody of the local authority for thirty days, such\nauthority shall make inquiry in the manner prescribed by the\ncommissioner as to the name and address of the owner and any lienholder\nand upon receipt of such information shall notify the owner and the\nlienholder, if any, at his last known address by certified mail, return\nreceipt requested, that if the vehicle is not retrieved pursuant to\nsubdivision two of this section within thirty days from the date the\nnotice is given, it will be forfeited. If the vehicle was registered in\nNew York the last known address shall be that address on file with the\ncommissioner. If the vehicle was registered out-of-state or never\nregistered, notification shall be made in the manner prescribed by the\ncommissioner.\n 4. A motor vehicle that has been seized and not retrieved pursuant to\nthe foregoing provisions of this section shall be forfeited to the local\nauthority upon expiration of the period of the notice set forth in\nsubdivision three
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