Being charged with Stunt Driving in Ontario means an automatic roadside 14-day tow and impound. The police are empowered to issue the charge, and the law is written in such a way that an initial charge comes with a 14-day immediate roadside tow and impound, as well as the 30-day license suspension. Like most individuals, it would be very hard to function without your car, your license, or afford the high cost of impound fees. Let’s investigate.
What if the car impounded during the Stunt Driving charge is not mine?
Often the car does not belong to the individual that was charged with Stunt Driving. For instance, it could be any of the following:
- A rental car
- A car belonging to a friend or family
- A work vehicle
Many clients would like to get the car out of the impound prior to the 14 days to return the car to the individual to which the car belongs. If the car is a rental, logic would dictate that you could get the car back to the rental company sooner than later. Or, if it is a work vehicle that does not belong to you, the owner should not be punished with impound related to your charge.
Unfortunately, the new Stunt Driving laws were not written with these exceptions in mind
The new Stunt Driving laws (MOMs Act) does not recognize the owner of the car. The wording of the law is quite generic in this sense and the car that was being driven by the individual charged with Stunt Driving is to be impounded for 14 days, regardless of the vehicle owner.
This can vbe very frustrating for any of the 3 situations above. For instance, if the car is a rental, then not only do you pay for the rental fee, but also the impound. If the car belonged to a family member, they can no longer drive it to work for 14 days. Or, if this is a work vehicle, it seems your work is being punished with your charge.
Are there any exceptions to getting the car early?
In the rare instances, you can always ask the charging officer if they can authorize the early release.
However, they are under no obligation to do this. It is incredibly rare to get an early release. The officer has moved on and will normally not be too sympathetic, as you were just charged with Stunt Driving and posing a threat to public safety.
Be patient and get the car after the 14 days. Once you get the car back, you have more pressing issues to deal with, as your Stunt Driving charge now has to be addressed in court, with a potential 1-3 year suspension, $2,000 – $10,000 in fines and more. Get legal advice to make sure you navigate your charges and keep your license.
What happens if the car impounded during a Stunt Driving charge is not mine?
The new Stunt Driving laws in Ontario do not recognize the owner of the car and the car will be impounded for 14 days regardless of who the owner is. There is no exception to this rule and early release is extremely rare.
Are there any exceptions to getting the car back before the 14-day impound period is over?
You can always ask the charging officer for an early release, but they are not obligated to grant it and it is very rare for an early release to be authorized. It's best to wait until the end of the 14-day impound period to retrieve the car and focus on addressing the Stunt Driving charges in court with legal advice.
