As per the new MOMS (Moving Ontarian’s More Safely) Act, you’ve just been charged with Stunt Driving and given a 14-day roadside impoundment and your 30-day license suspension in Ontario under section 172(1) of the Highway Traffic Act. You have a court date between 2-4 months in the future. So what now? Let’s take a closer look at the costs of the towing and impound.
There are 4 potential levels of “costs” that are part of the tow / impound fee- The tow cost – this is generally a flat towing rate of set out by the municipality, with the possibility of an additional fee should the vehicle need to be winched into position before towing.
- Extra KM charge – The towing itself may be a flat fee, however operators could start charging per kilometre travelled once outside city limits
- Storage Fees – this is generally a flat fee per day, which would then be multiplied by the 14-days your car remains in the impound
- Additional Fees – These fees can include “cost recovery fees”, surcharges depending where you are towed (eg – off of certain highways), collision or off-road recovery of a vehicle
The tow cost
In Ontario, tow costs are generally regulated or “fixed fees”. If you drive a standard vehicle, it will be a fixed tow-fee (ranging around $250 +/-). The police in the area that you were charged with Stunt Driving generally have a contract with a set of towing companies, so the rates are controlled. This may not always be the case, depending on where in Ontario you were charged.
Due to controversial tow truck incidents, the government in Ontario has set out some proposed guidelines and regulations for the towing industry that will control the costs across the province. Here is an example of the proposals
Extra KM chargeThis is dependant on where you are charged with Stunt Driving in Ontario. There may be a flat fee for towing, but if you are out distance range for a towing company, you may find yourself with an extra KM charge above and beyond the flat fee. This generally happens in rural areas, where the distance to a tow yard may be much greater. You will see this on your invoice. This is added to the tow charge. An example of an extra KM clause looks like this:$3.xx per kilometer (plus applicable taxes), for each kilometre of travel beyond 5 km outside the City, when directed by a consumer to tow his or her vehicle from an accident scene to a final destination more than 5 km outside City limits.
Per day storage cost
$3.xx per kilometer (plus applicable taxes), for each kilometre of travel beyond 5 km outside the City, when directed by a consumer to tow his or her vehicle from an accident scene to a final destination more than 5 km outside City limits.
Per day storage cost
This is a standard clause from a tow yard for your impound:
Storage Fees: A day of storage is considered to be 24 hours from the time the vehicle arrives at the pound. Twenty-five percent of the 24 hour storage fee is chargeable for each hour of the first 4 hours, which shall include any part of an hour. One hour is payable as soon as the vehicle arrives at the pound. (The hourly rate and minimum rate will reapply at the conclusion of each 24 hour period).
As of 2021, the general daily storage cost looks to be upwards of $60 per day. Again, this varies and is set out as a fixed daily rate at the tow yard / impound.
So, overall costs after my 14-day tow and impound is how much?
Again, this is difficult to quantify, as each case is different, with a different set of circumstances. But be prepared to pay upwards of $1,500. This could be slightly less, or much more, depending on your location, as outlined above. You may want to call the tow yard after your car has been impounded, to get a proper breakdown of your costs, just so you can plan ahead.
So what are my next steps after my 30-day suspension and 14-day car impound?
You have now been charged with Stunt Driving, but it does not mean that you will be convicted of Stunt Driving. The charge is just the beginning of the legal process. Yes, it is a devastating start, because now you have a 14-day car impound and a 30-day license suspension at the roadside before you even get to your court date.
Now it’s time to get some legal advice and proceed carefully. While Stunt Driving may seem like a “traffic” charge that many people may not take seriously, think more about how you would function if your license was suspended and you could not drive for a minimum of 1-year? You run the real risk of:
- losing your job
- not being able to get to job interviews
- not able to take care of your family
- Not being able to use a car for emergencies
- 1000 other reasons
That’s how serious this charge can be if not dealt with properly…
This article is an attempt to get you to reach out and get free legal advice. A proper law firm (that specializes in Stunt Driving) may have a strategy and legal course of action that could prevent this license suspension. And best of all, this call is free.
You can scroll down below and book a free meeting with Dan Joffe or myself, Jon Cohen. There is no obligation, but the call could change everything.
How can I get an impound if I haven’t been proven guilty?
In other words, the facts of your case have not even been proven in a court but you still get these immediate penalties which is really unusual. This happens because of the core nature of the charge itself - when you’re speeding over the 'Stunt' threshold, the law now considers you a “public safety” threat, and the risk to the public is actually killing someone, putting someone in a wheelchair, or causing property damage.
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. The next step here is to wait until the disclosure is made available.
