1. Upon a plea or verdict of guilty of a third or subsequent violation of section 321J.2, the court shall issue an impoundment order requiring the surrender to the court of the registration certificate and registration plates of all of the following:
a. All vehicles registered to the defendant, or jointly to the defendant and the defendant's spouse.
b. All vehicles owned by the defendant, or jointly by the defendant and the defendant's spouse.
c. All vehicles leased to the defendant, or jointly to the defendant and the defendant's spouse. This paragraph does not apply to a rental vehicle which is one of a fleet of two or more vehicles rented for periods of four months or less.
2. For purposes of this section, a conviction for, deferred judgment for, or plea of guilty to, a violation of section 321J.2, which occurred more than six years prior to the date of the most recent violation charged, shall not be considered in determining that the most recent violation is a third or subsequent violation.
3. If the court issues an impoundment order, the registration certificate and registration plates shall be surrendered to the court either three days after the order is issued or on the date specified by the court, whichever is later. If the registration plates have been surrendered to the department pursuant to section 321A.17, the defendant shall notify the court. The court shall forward the notice and impoundment order to the county treasurer. The court shall forward surrendered registration certificates to the county treasurer within seven days after surrender. The court may destroy the surrendered registration plates. Except as provided in subsection 5, new registration plates shall not be issued to the defendant or owner until the driver's license of the violator has been reissued or reinstated. The court shall notify the director within ten days after issuing an impoundment order.
4. a. A defendant or an owner may apply to the director for new registration plates, which must bear a special series of numbers or letters so as to be readily identified by traffic law enforcement officers. Application for and acceptance of special plates constitutes implied consent for law enforcement officers to stop the vehicle bearing special plates at any time. The director shall authorize the issuance of special plates if any of the following apply:
(1) A member of the defendant's household has a valid driver's license.
(2) The defendant or owner has a temporary restricted license issued pursuant to section 321J.4, subsection 8.
The director may issue the special plates on payment of a fifty dollar fee for each vehicle for which special plates are requested.
b. Until the driver's license of the defendant is reinstated or reissued, the defendant shall inform the department that an impoundment order is in effect when requesting any new registration plates.
5. A registered owner shall not sell a motor vehicle during the time its registration plates and registration certificate have been ordered surrendered or during the time its registration plates bear a special series number, unless the registered owner applies to the department for consent to transfer title to the motor vehicle. If the department is satisfied that the proposed sale is in good faith and for valid consideration, that the registered owner will be deprived of custody and control of the motor vehicle, and that the sale is not for the purpose of circumventing the provisions of this section, the department may certify its consent to the county treasurer. The county treasurer shall then transfer the title to the new owner upon proper application and issue new registration plates. After the registration plates and registration certificate have been ordered surrendered to the court under this section, if the title to the motor vehicle is transferred by the cancellation of a conditional sales contract, a sale upon execution, or by decree or order of a court of competent jurisdiction, the department shall order the title surrendered to the new registered owner. The county treasurer shall then transfer the title and issue new registration plates to the new registered owner.
6. This section is not intended to change or modify taxation of motor vehicles or the time within which a motor vehicle tax must be paid.
7. a. A person who fails to surrender any registration plates or a registration certificate to the court upon demand under this section or who fails to comply with this section is guilty of a simple misdemeanor and contempt of court.
b. A person who operates a motor vehicle on a street or highway at a time when a court has ordered the surrender of its registration plate and registration certificate is guilty of a simple misdemeanor as a separate and distinct offense from any other penalty imposed in connection with driving while under a license suspension or revocation.
8. The director may adopt such rules as may be necessary or convenient for the implementation and administration of this section.
90 Acts, ch 1251, § 35; 91 Acts, ch 258, §47--;49
Iowa General Assembly
Search: Iowa Code 1995
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