Ontario

Legislation Sections Database at defencecounsel.com for:

Drive While Suspended Offense

Impound Vehicle for Drive Suspended

Highway Traffic Act

Section number:

55.1(2)

Impound Vehicle for Drive Suspended

55.1 (2) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway while his or her driver�s licence is under suspension under section 41, 42 or 43 even if it is under suspension at the same time for any other reason, the officer shall,

(a) notify the Registrar of the fact or cause the Registrar to be notified; and

(b) detain the motor vehicle that was being driven by the person whose driver�s licence is under suspension until the Registrar issues an order under subsection (3).

(3) Upon notification under subsection (2), the Registrar may, without a hearing, issue an order to release the motor vehicle or issue an order to impound the motor vehicle that was being driven by the driver whose driver�s licence is under suspension, as follows:

1. For 45 days, if an order to impound under this section has not previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

2. For 90 days, if one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

3. For 180 days, if more than one order to impound under this section has previously been made, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

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