§ 26-169. Same; hearings.

(a)

Within twenty-one (21) calendar days from the date notice is mailed by the Police Department pursuant to Section 26-168, the owner or secured party of a vehicle which has been impounded may request that a hearing be held to determine whether there was probable cause to impound the vehicle. The request for a hearing shall be made by filing a request for hearing form with the Police Department.

(b)

A hearing shall be conducted before a hearing officer designated by the County Attorney within twenty-four (24) hours of receipt of a written demand therefor from the person seeking the hearing unless such person waives the right to a speedy hearing. Saturdays, Sundays, and County holidays are to be excluded from the twenty-four (24) hour period.

(c)

The sole issue before the hearing officer shall be whether there was probable cause to impound the vehicle in question. "Probable cause to impound" shall mean such a state of facts as would lead a person with ordinary care and prudence to believe that there was sufficient breach of local, state, or federal law to grant legal authority for the removal of the vehicle.

(d)

The hearing officer shall conduct the hearing in an informal manner so as to provide fundamental fairness and shall not be bound by formal rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The police department shall carry the burden of establishing that there was probable cause to impound the vehicle in question. At the conclusion of the hearing, the hearing officer shall prepare a written decision which shall be made available to all interested parties. The hearing officer's decision in no way affects any criminal proceeding in connection with the impoundment in question and any criminal charges shall only be challenged in the appropriate court. The decision of the hearing officer is final. Failure of the registered or legal owner to request or attend a scheduled hearing shall be deemed a waiver of the right to such hearing.

(CB-124-1982)