Question:
How long can the police impound your vehicle if you are caught driving under suspension if your insurance has expired?
Response:
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 license suspended
53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s license 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 license 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 license 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.
Do You Need To Defend Yourself Against An Ontario Traffic Ticket?
If you need to defend your driving rights against an Ontario traffic ticket you should contact us as soon as possible. We have skill and experience in helping drivers just like you respond to a variety of traffic tickets and provide free, confidential consultations to empower you to fight your charges. We help drivers throughout Ontario including Cambridge, Georgetown, London, Windsor and from our home office in Kitchener. Contact us online or call us directly at 1.844.647.6869 or text us a copy of your ticket to 226-240-2480.
