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No. 2—09—0833 Opinion iled March 31, 2011 - page 18 / 24





18 / 24

No. 2—09—0833

render an impoundment reasonable under the fourth amendment, but defendant does not allege that

section 6—303(e) is unconstitutional.

The parties stipulated at the hearing that the vehicle was, in fact, insured; but Hucker did not

know that at the time of the impoundment. Moreover, Hucker had little reason to believe defendant

when she told himthat the car was insured. Besides insisting that the car was insured, defendant also

had said that her driver’s license was at home, which gave the false impression that her driving

privileges were not suspended. Regardless of defendant’s credibility, the absence of proof of

insurance at the scene meant that defendant was deemed to be operating an uninsured motor vehicle.

See 625 ILCS 5/3—707(b) (West 2008). If the teenage passenger had shown a valid license,

volunteered to promptly retrieve proof of insurance from defendant’s home, agreed to remove the

vehicle, and been not otherwise impaired from lawfully operating the vehicle, one could argue that

impoundment would have been unreasonable under the fourth amendment. However, no such offer

was made and defendant’s assertion that the teenage passenger could have removed the vehicle

lawfully is speculative at best. Regardless, it would be unreasonable and unduly burdensome to

require the officer to remain at the scene and wait an indeterminate period for someone to possibly

return and cure the conditions that mandated the impoundment.

4. Young

Despite the unambiguous impoundment mandate of section 6—303(e) of the Vehicle Code,

the trial court concluded that there were alternative means that a reasonable police officer would have

taken that would not have violated defendant’s fourth amendment rights, such as locking the car and

seizing the keys until proof of insurance was produced. Defendant echoes the trial court’s position,

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