Q May a vehicle be towed at the officer’s discretion when proof of liability cannot be provided following a traffic stop or during an accident investigation?

A No, Section 63-15-4 (4) and (5) provides the punishment for failure to have the insurance card in the vehicle or display it by electronic image. Please note, the penalty as described in the opinion has likely changed due to the passage of HB 325 (2018). There is no statutory or other provision authorizing the towing of a vehicle when proof of liability insurance cannot be provided, the municipality could not be liable for not towing the vehicle. (Attorney General’s Opinion to Scott, March 23, 2018)