New Stunt Driving Laws in Ontario – 14-Day Car Impound

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New Stunt Driving Laws in Ontario – Part 1 – 14-Day Impound

------ CONTENTS OF THIS VIDEO -----
0:00 - Introduction
0:32 - So what happens now?
0:54 - Don’t blame the officer
1:29 - There was no way I was travelling at the speed the officer told me
2:00 - The officer never told me my exact speed and didn’t write it on the summons / ticket
2:29 - How do I arrange to get my car out of impound?
2:55 - So what are my next steps after I get back my car back?
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The new MOMS (Moving Ontarian’s More Safely) Act now includes a 14-day roadside impoundment when you are charged with Stunt Driving or Racing in Ontario under section 172(1) of the Highway Traffic Act. This means that if you speed at 50km/h or more above the posted speed limit in an 80km/h or higher zone, or if you are 40km/h in a zone lower than 80km/h – you will immediately get your car impounded at the scene of the charge.

So what happens now?
Your car will be towed and your license will be suspended immediately, and you will be left having to make your way to your destination by other means. During this period is where our firm gets most client calls. Clients are frustrated, and often panicked on how to get their car back after the 14 days and pay the high impound fees.

Don’t blame the officer
The first instinct many people have is to analyze the officer and their behaviour at the roadside. Were they cold? Were they helpful? Why didn’t they lower the speed? Why didn’t they didn’t show me the radar? I wasn’t going the speed that they claimed I was going?

At this point in your charge, none of this may be relevant. In fact, we won’t know the answer to this until we get the most important part of your charge – the disclosure, which is the “evidence”, which will detail all of the interactions, the speed, the radar that was documented at the roadside during your charge.

There was no way I was travelling at the speed the officer told me
It’s too early to know this. Once you get the disclosure, it should outline the radar type, if the radar was properly calibrated, if the officer checked the radar, etc. But there is little value to arguing this point before the evidence is available. Although you have a lot of questions, and are understandably frustrated, the next step here is to wait until the disclosure is made available, which can take 4-6 weeks or longer

The officer never told me my exact speed and didn’t write it on the summons / ticket
The officer is not obligated to show you the radar or give you the details at the roadside. Many clients are frustrated by this, and want to argue this in court. But as stated above, this information is made available in the officer’s disclosure, which comes at a later date. This is where we can check if there are mistakes, the exact speed, the location of the charge, etc. Be patient.

How do I arrange to get my car out of impound?
You should have gotten a form that details the impound lot and details. You can call impound or the MTO closer to the release date, and they will give you details. Generally, this is straightforward, and you will get a date when you are eligible to get the car back. You will be required to pay the impound fee and the car will be released back to you.

So what are my next steps after I get back my car back?
The 14-day impound and suspension was just the beginning. Now you have to deal with your charges in court. A Stunt Driving conviction can have serious penalties such as mandatory 1 – 3 years license suspension (Updated June 3, 2021), up to $10,000 in fines and up to 6-months jail time. These are the penalties that will impair your ability to work and drive. These are the penalties that will have a serious impact on your civil liberties. These are the penalties you need to be focused on. These penalties should be enough reason to get legal advise and a strategy that will help you keep driving in Ontario.