hey guys i was just browsing through the hwy traffic act (e-Laws | Ontario.ca) and I found this:
When vehicle not to be impounded
(4) An order shall not be issued under subsection (1) in respect of a motor vehicle that is not owned or held under a lease that has less than three months to run by the person convicted unless the person convicted is the principal driver thereof and, if there is a lease of the vehicle, the lease has more than three months to run. R.S.O. 1990, c. H.8, s. 220 (4).
so does that mean unless you are the principal owner of the car (primary driver?) the car cant be impounded ?
He tells me he needs to visit his sick grandmother.
Numbnuts actually goes on a crack and ho-of-the-same-variety binge and gets picked up by the cops.
My car cannot be impounded, as I, the owner of the vehicle, was not involved in the crime, and the car was not an accessory of the crime.
Unless they need a cotton swab of essence-of-lady-of-the-night, I can get the car back without penalty.
If he ran someone over, then they can seize the car as evidence.
As for roadside, unfortunately, I’m pretty sure it falls under the whole “reasonable doubt” officer’s discretion crap. If they are under the impression your car has been used as an accessory to a crime, they can pull it.
And because we all know all a cop needs as “discretion” is that you are male 18-50, driving an import or domestic car (not a Supra though). Because those are the tell-tale signs of you being a street racer.
So in the nice round-a-bout carousel the HTA is becoming, essentially a cop can impound your car at any time, with no onus of proof beyond his gut feeling that you were on your way to street race.
