Johnston County Vehicle Impound Guide

If your vehicle has been impounded after a DUI arrest in Johnston County, North Carolina, knowing your rights and the procedures is crucial. This guide provides specific information about vehicle impoundment in Johnston County, including the role of different law enforcement agencies, impound procedures, and how to recover your vehicle.

Understanding Law Enforcement Authority and Towing in Johnston County

Several law enforcement agencies operate in Johnston County, and the agency making the arrest significantly impacts the impound process.

• Johnston County Sheriff's Office (JCSO): Primarily responsible for unincorporated areas, which comprise a significant portion of the county's population. The JCSO operates the Johnston County Detention Center in Smithfield, the central processing facility. If arrested by a JCSO deputy in a rural area like Meadow or Micro, expect longer processing times due to transport distances to Smithfield. Call 919-989-5000 for contact.
• North Carolina State Highway Patrol (NCSHP): Focuses on state highways (NC-42, NC-210) and interstates (I-95, I-40). The NCSHP primarily uses the "Rotation Wrecker" system, a state-mandated towing protocol.
• Municipal Police Departments:
• Smithfield Police Department: Operates in the county seat. Proximity to the courthouse and detention center streamlines DUI processing.
• Clayton Police Department: Handles high-volume commuter traffic and has contracts with specific towing vendors outside the state rotation list.

Knowing which agency initiated the arrest is the first step in determining the location of your impounded vehicle and the applicable procedures.

Impound vs. Seizure: What's the Difference?

It's essential to distinguish between a standard impound and a statutory seizure, as the procedures for vehicle recovery differ significantly.

• Standard Impound: Occurs when a driver is arrested, and the vehicle cannot be safely left at the scene. This is done for public safety reasons.
• Statutory Seizure (N.C.G.S. 20-28.3): This happens if you are charged with DWI and were driving with a license revoked for a prior DWI, or were driving without a valid license and insurance. In this case, the vehicle is seized by the state and held pending trial. This is a far more complex situation. Contact a qualified attorney immediately if your car has been seized.

The Rotation Wrecker System in Johnston County

Johnston County relies on a "Rotation Wrecker" system, meaning a list of approved towing companies are called on a rotating basis. The NCSHP oversees this system, and towing companies must meet specific standards to participate. However, municipal police departments like Clayton PD might use their own contracted towing services.

To find out where your vehicle was towed, you should:

1. Contact the arresting agency. Whether it was the JCSO, NCSHP, or a municipal police department, they should have a record of the towing company used.
2. Inquire at the Johnston County Detention Center (Smithfield). If processed through the Detention Center, they may have information on the vehicle's impound location.

Recovering Your Impounded Vehicle

Once you've located your vehicle, you'll need to take specific steps to recover it:

1. Proof of Ownership: You'll need to provide documentation proving you own the vehicle, such as the title or registration.
2. Valid Driver's License: Even if you were arrested for DUI, someone with a valid driver's license must retrieve the vehicle.
3. Payment of Towing and Storage Fees: Be prepared to pay towing and storage fees, which can accrue daily.
4. Release from the Arresting Agency: You may need a release form from the arresting agency before the towing company will release the vehicle.

Important: Recent legislation has capped non-consensual towing fees in North Carolina. Be sure to understand these caps and ensure you are not overcharged. If you believe you are being overcharged, document everything and consult with an attorney.

What About Statutory Seizure?

If your vehicle was seized under N.C.G.S. 20-28.3, the process is far more complicated. The vehicle is held as evidence, and you may need to petition the court for its return. This usually requires the assistance of an attorney, especially since the car might be forfeited to the local school board.

Key Considerations and Next Steps

The logistics of DUI enforcement in Johnston County are complex, impacted by geographic factors, varying agency protocols, and legislative changes. Rapid suburbanization and the presence of major interstates like I-95 and I-40 contribute to a high volume of traffic stops.

If your vehicle has been impounded after a DUI arrest in Johnston County:

1. Immediately contact the arresting agency to determine where your vehicle is located.
2. Gather necessary documentation (proof of ownership, valid driver's license).
3. Inquire about towing and storage fees and understand your rights regarding fee caps.
4. If the vehicle was seized, consult with a qualified attorney immediately.

For the Johnston County Sheriff's Office, you can contact them at 919-989-5000. Remember to document every step of the process, including all communication and payments made.