DUI 7 day impound | GTAMotorcycle.com

DUI 7 day impound

G

godjudgeme

Member
Hi All,

I have a question. I believe there is a 7-day impound once you are caught for DUI, do they give you a notice for when officially you can get your bike back? or do you just show up at the towing company after 7 days and get it?


Thanks
 
godjudgeme said:
Hi All,

I have a question. I believe there is a 7-day impound once you are caught for DUI, do they give you a notice for when officially you can get your bike back? or do you just show up at the towing company after 7 days and get it?


Thanks
Click to expand...

Here is an excerpt - See specifically (4)

Administrative vehicle impoundment for blood alcohol
concentration above .08, failing or refusing to provide breath sample

<!-- TRANSIT - HYPERLINK --><!-- .http://intra.olc.mag.gov.on.ca/dblaws/statutes/french/90h08_f.htm#s48p4s1. -->48.4 <!-- TRANSIT - HYPERLINK --><!-- .http://intra.olc.mag.gov.on.ca/dblaws/statutes/french/90h08_f.htm#s48p4s1. -->(1) Where
a police officer is satisfied that a person driving or having the care, charge
or control of a motor vehicle meets one of the criteria set out in subsection
48.3 (3), the officer shall detain the motor vehicle that was being driven by
the person and the vehicle shall, at the cost and risk of its owner,

(a) be removed to an impound facility as directed by a police
officer; and

(b) be impounded for seven days from the time it was detained.
2009, c. 5, s. 20.

Release of vehicle

<!-- TRANSIT - HYPERLINK --><!-- .http://intra.olc.mag.gov.on.ca/dblaws/statutes/french/90h08_f.htm#s48p4s2. -->(2) Subject
to subsection (14), the motor vehicle shall be released to its owner from the
impound facility upon the expiry of the period of impoundment. 2009, c. 5,
s. 20.

Early release of vehicle

<!-- TRANSIT - HYPERLINK --><!-- .http://intra.olc.mag.gov.on.ca/dblaws/statutes/french/90h08_f.htm#s48p4s3. -->(3) Despite
the detention or impoundment of a motor vehicle under this section, a police
officer may release the motor vehicle to its owner before it is impounded or,
subject to subsection (14), may direct the operator of the impound facility
where the motor vehicle is impounded to release the motor vehicle to its owner
before the expiry of the seven days if the officer is satisfied that the motor
vehicle was stolen at the time that it was driven as described in subsection
(1). 2009, c. 5, s. 20.

Duty of officer re impoundment

<!-- TRANSIT - HYPERLINK --><!-- .http://intra.olc.mag.gov.on.ca/dblaws/statutes/french/90h08_f.htm#s48p4s4. -->(4) Every
officer who detains a motor vehicle under this section shall, as soon as
practicable,

(a) prepare a notice identifying the motor vehicle that is to
be impounded, the name and address of the driver, the date and time of the
impoundment, the period of time for which the motor vehicle is impounded and the
place where the vehicle may be recovered; and

(b) serve the driver with a copy of the notice. 2009, c. 5,
s. 20.
 
You should have gotten an Notice of Vehicle Impoundment form, it tells you the section code under the Criminal Code, what impound facility and the location and the exact date/time of the impoundment.

Where did you get arrested??
 
I would suggest you not share whatever happened on GTAM but rather keep it to your legal representation only. It's no one's business.
 
Thanks Link666.

Not intended to share more than the information given.

Just hope if you guys can shed some light on the following:

1. Can I get my bike back once 7 days are gone?
2. Do I have to show up at the lot to bring it back? license needed?
3. Can I send my insurance company as my representative to do so?
 
1 yes
2 yes, that's easiest. you can assign to someone, but it's a pain.
3 good gods, why would you want to? get some legal advice from a retained lawyer giving an opinion already.
 
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