EL PASO - If you are driving without insurance in El Paso, you have 90 days to clean up your act. After that, a new city law gives police the right to tow your vehicle on the spot.
In a 6-2 vote, El Paso City Council voted to authorize police to impound the automobile of any driver who cannot show financial responsibility.
Council rejected a more narrowly-tailored ordinance that would only have allowed impound in a handful of cases in which drivers couldn't prove they had insurance or a posted bond. Mayor John Cook, who was absent at the time of the vote, had threatened to veto the broad ordinance.
However, the 6-2 vote was enough to override the mayor's promised veto. City Representatives Eddie Holguin and Carl Robinson voted against the ordinance.
When you get pulled over for a traffic violation, an officer typically asks you for a license and proof of insurance. Before, if you didn't have insurance, you got a ticket. With the new law, you still get that ticket, but you may also lose your vehicle.
Under the new law, if you are pulled over without insurance, you will be expected to pay for the traffic violation, the cost of the tow, a fine and you will be required to show proof of insurance before you get your vehicle back.
Police estimate that 1 in 4 drivers in El Paso are driving uninsured. City officials say 50,000 drivers were cited last year.
"We have laws on the books that say you need to do x, y and z in order to be on the road and being on the road is not a right, it's a privilege. I would say to the family that needs to have the car, but can't afford insurance, you shouldn't be on the road...use our mass transit system," said city Rep. Steve Ortega.
There will be a 90-day grace period until the ordinance goes into effect so that police officers can be trained for its enforcement and to ensure the public is informed of the new law. However, no official start date has been set yet, El Paso Police Department spokesman Chris Mears said.
Police officers will have the power to tow any vehicle stemming from a traffic stop or accident investigation. The officer will use "any and all means" to verify financial responsibility, including the Texas Sure database.
As the ordinance stands now, police can ask for insurance and order the impound of an uninsured vehicle in any traffic stop, including speeding or red light. However, Mears said officers will use their discretion.
The El Paso Police Department will not tow cars at their insurance checkpoints, Mears said. Vehicles will be towed regardless of what state or nation they are registered in.
The company that now holds the city contract for towing is AD Wrecker. However, their contract will end before the ordinance goes into effect, so it's unknown if they will be the towing company handling insurance impounds.
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