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Drive Under Suspension – Vehicle Impoundment Period


How long can the police impound your vehicle if you are caught driving under suspension if your insurance has expired?


Generally I would expect to see a 7 day vehicle impound period.  The inconvenience due to the impounding of your vehicle however is only the first of a number of serious problems that you are likely facing.  Towing and impounding fees are not uncommonly around $700-$800 and can go much higher depending upon where your traffic stop occurred.  It also sounds like you may potentially be facing two charges:

Drive Under Suspension – HTA s. 53

Driving while driver’s licence suspended

53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and
(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.”

Driving under suspension carries very serious penalties.  The total payable fine (the court imposed fine plus the 25% victim fine surcharge) for a first offence ranges a minimum of $1,250.00 to a maximum of $6,250.00.  If you have had a previous conviction for driving under suspension, this range of fine may be doubled.  A conviction also results in a further mandatory 6 month licence suspension.  It is also possible to be given up to 6 months of imprisonment.  A conviction record would also be entered into your driving record if convicted at court having further financial impact on obtaining insurance at an affordable rate.

Operate Motor Vehicle No Insurance – CAIA 2(1)(a)

“Compulsory automobile insurance

2. (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

(a) operate the motor vehicle; or
(b) cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance.”

The fines for driving without insurance can be staggering to the average person.  The total payable fine starts at a minimum of $6,250.00 and reach a maximum of $31,250.00 for a first offence.  If you have had a previous conviction, this range of fine doubles.  The court may also apply a licence suspension up to one year.  A conviction for driving without insurance on your driving record can also have a very large impact on the cost of obtaining insurance.

Given the very serious nature of the charges that you appear to be facing, I would be happy to speak with you directly via our toll-free number 1-844-647-6869.  We offer a no-cost, no-commitment initial review of HTA and CAIA matters and I should be able to get through your basic information in about 10 to 15 minutes.  

Posted under Traffic Ticket Defence, Suspended Licence

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