Criminal Defense North Texas
In Texas, the thrill of a street race can lead to more than just a ticket or an arrest. For many Dallas County residents, the most shocking part of a Racing on a Highway charge isn’t the courtroom—it’s the storage lot.
Even if the State files a petition for civil forfeiture (attempting to take your car permanently), you may still be personally liable for every day that vehicle sits in impound. At Beltz Law Group, we believe in arming our clients with the facts to navigate these complex financial traps.
The Statutory Trap: Texas Transportation Code § 545.420(i)
Under normal circumstances in Texas, if the police seize your car as evidence in a criminal case, the law enforcement agency is supposed to pick up the tab for towing and storage (TX Code of Crim. Proc. Art. 18.23).
However, racing is different. The Texas Legislature specifically wrote Transportation Code § 545.420(i) to override those protections. The law states that:
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A peace officer must send a vehicle used in a racing offense to a storage facility.
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The owner is liable for all removal and storage fees.
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The owner is not entitled to take possession until those fees are paid.
By explicitly stating this applies “notwithstanding Article 18.23,” the state has ensured that the financial burden stays on the citizen, regardless of whether the seizure was for “evidence” or not.
Forfeiture vs. Storage Fees: A Double-Edged Sword
Criminal Defense North Texas
When the State files a Chapter 59 Civil Forfeiture case, they are trying to prove the car was an “instrumentality” of a crime and should become government property. You might assume that if the government wants the car, they should pay to keep it.
Unfortunately, Texas law views these as two separate tracks:
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The Forfeiture Track: Decides who ultimately owns the car.
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The Storage Track: A statutory debt that accumulates daily against the current owner.
Historical cases like Brandes v. State show that the government only pays these fees when a statute explicitly says so. In racing cases, the statute says the exact opposite.
The Hard Truth: Even if you win your forfeiture case and the judge orders the State to return your car, you could still be handed a bill for thousands of dollars in storage fees that accrued while you were fighting the case.
The Practical Impact for Dallas County Residents
Because forfeiture cases can drag on for months—or even years—the daily storage rates at licensed facilities can quickly exceed the actual value of the vehicle. This creates a “financial squeeze” where owners are often forced to settle or give up the car just to stop the bleeding.
Recent Legal Shifts:
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Legislative Updates: As of September 1, 2023, the legislature strengthened these provisions, reaffirming their intent to make racing-related seizures a heavy financial hit for owners.
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Licensing Requirements: In the 2024 case Miracle Auto, Inc. v. Geico, Texas courts clarified that storage facilities must be strictly licensed under Chapter 2303 of the Occupations Code to legally collect these fees. If a facility isn’t properly licensed, you may have a defense against the charges.
How Beltz Law Group Can Help
Criminal Defense Attorney
If your vehicle has been seized for Racing on a Highway in Dallas County, time is your greatest enemy. Every 24 hours that pass adds to a bill you are legally obligated to pay.
We work to:
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Expedite Resolution: Pushing for a faster conclusion to forfeiture proceedings to cap storage costs.
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Verify Compliance: Ensuring the storage facility is properly licensed and charging legal rates.
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Negotiate Settlements: Working with the District Attorney’s office to find a resolution that protects your assets and your wallet.
Don’t let a storage lot take what the State couldn’t. If you are facing a racing charge or a vehicle forfeiture, contact Beltz Law Group today to discuss your options.
