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Administrative hearing upholds tow; impound fee for Brian Gonzalez stands
Summary
An administrative hearing officer denied an appeal of a vehicle impound after finding probable cause based on officer reports that the driver was in actual physical control with syringes present; the tow fee will remain in place.
Erica Thomas, presiding officer at the Village of Villa Park administrative hearing, denied an appeal of an impound fee for Brian Gonzalez on May 7, 2026, finding that officers had probable cause to tow the vehicle. Thomas said officers found syringes under Gonzalez’s seat and that Gonzalez had the keys, meeting Illinois’ standard for "actual physical control."
Josefina Jimenez De Gonzalez appeared on behalf of her son and said she had the vehicle on the registration and believed the village could have contacted her before towing. "I thought that they could have called me," she said. Thomas responded that the record and officer report indicated the driver was not in a condition to contact someone and that the tow was warranted. "So I am going to find that they had probable cause," Thomas said.
Thomas recorded that the appeal was denied and the tow fee will stand. The officer forwarded the incident to the State’s Attorney’s Office for felony review; Thomas noted that charging decisions beyond the administrative tow determination are made by the prosecutor. The hearing closed the case subject to those processes.
