Opinion No. ( 2009 )

The Honorable Keith M. Ingram State Representative Post Office Box 1028 West Memphis, Arkansas 72303-1028

Dear Representative Ingram:

I am writing in response to your request for an opinion regarding following question:

[I]f a police officer has taken an individual into custody is that individual entitled to a preference as to the towing of his or her vehicle under [A.C.A.] § 27-50-1207?

RESPONSE

In my opinion, the answer to your question is generally "no." Please see my predecessor's response to the second question in the attached Ark. Op. Att'y Gen. No. 96-010, in which my predecessor addressed this precise question. As you can see, the "owner's preference" only applies to disabled or inoperative vehicles.¹ Assistant Attorney General Ryan Owsley prepared the foregoing opinion, which I hereby approve.

Sincerely,

DUSTIN McDANIEL Attorney General

¹ While the numbering of the relevant subsections within the applicable statutes has changed since 1996, the substance is still the same.