TOUGH MEASURES FOR SUSPENDED AND IMPAIRED DRIVERS*

In Ontario, drivers who operate a motor vehicle while under license suspension can face one of two kinds of impoundment: Vehicles driven in Ontario by persons apprehended for driving while their

1. license is suspended for a Criminal Code conviction will be impounded for a minimum of 45 days;

2. Effective December 1, 2010, drivers caught driving with a driver’s license that is already under a specific Highway Traffic Act (HTA) suspension(s) – including default of family support, but not including suspensions for defaulted fines or medical conditions* will have the vehicle they are driving impounded for seven days. Also effective December 1, 2010: Impoundments for:

• Drivers required to have a vehicle ignition interlock device and who are caught driving without such a device; and
• All drivers caught with a blood alcohol concentration (BAC) over 0.08 or who fail/refuse to comply with a demand (to provide a breath sample) made by a police officer under the Criminal Code of Canada (CCC).

These are in addition to the existing 7-day impoundment for drivers engaged in a race, stunt or contest on Ontario’s roads.
A driver caught driving while his/her license is suspended for a Criminal Code conviction will be given an impoundment notice (issued by the Registrar of Motor Vehicles) by a police officer. The vehicle will immediately be towed to an impound yard for a minimum of 45 days. The vehicle owner or plate holder must pay the towing and storage costs before the vehicle is released at the end of the impoundment period.

Drivers who continue to drive while their license has been suspended for a Criminal Code conviction show no regard for the law and put others at risk. In 2009, the Ontario Ministry of Transportation recorded almost 19,000 motor vehicle-related Criminal Code convictions. Most of those convictions were related to drinking and driving. Other convictions included driving while disqualified and fail to remain at the scene of a collision.

Any person caught driving while suspended in Ontario for a Criminal Code conviction will have the vehicle he/she is driving impounded. Regardless of whether the vehicle is borrowed from a friend or family member, used for business or employment purposes, rented or leased, the vehicle will be impounded. This program applies to all motor vehicle types including passenger vehicles, motorcycles, trucks and buses.

Vehicle owners/plate holders are liable for towing and storage costs and can expect to pay up to $1,800 for a 45-day impoundment period. In addition, suspended drivers may face fines ranging from $5,000 to $50,000 if convicted under the Highway Traffic Act for driving under a Criminal Code suspension.

A vehicle owner/plate holder can appeal the impoundment.

You are responsible for taking all reasonable steps, depending on your particular situation, to ensure that every person who drives your vehicle has a valid driver’s license.

*TRAFFIC TICKET SPECIALISTS DOES NOT IMPLY OR SUGGEST WE HANDLE IMPAIRED DRIVING MATTERS, OR ANY SUPER SUMMARY OFFENCES UNDER THE CRIMINAL CODE OF CANADA. ALL OUR IMPAIRED DRIVING CHARGES ALONG WITH ANY OTHER CHARGES WE ARE NOT AUTHORIZED TO REPRESENT IN COURT , ARE HANDLED BY ALI PAZUKI AND OR JOSEPH M. SEREDA, BOTH LICENSED LAWYERS UNDER THE LAW SOCIETY OF UPPER CANADA.