If your car is impounded for 30 days or longer, you can appeal the impoundment by filing an application for review of the impoundment. There is a process. It is designed to be somewhat obscure, but it is possible to dispute a vehicle impound.
Time Limits
The first thing you need to know is that you have 15 days to appeal the impoundment and 7 days to dispute a prohibition that triggered the impound. Most lawyers will recommend an oral hearing, and in fact, in their internal material the government office discusses the advantages of an oral hearing over a written review. We have found that an oral review has a higher chance of success as your lawyer can use their advocacy skills differently with different adjudicators and arguments may be more persuasive. Oral arguments can also be more engaging for the adjudicators, and they can ask your lawyer questions for clarification.
The grounds for an early release depend upon the reason of the impoundment, who is listed as the registered owner of the vehicle, or who was driving at the time of the impoundment. The law for early release is complex and, in many cases, it’s an uphill battle. Because of this, it’s important to have a frank discussion with your lawyer about your options and how you can enhance your chances of success in disputing the impoundment.
If you were served a 90-day Immediate Roadside Prohibition, the vehicle is going to be impounded for 30 days. The police serve two documents, one of which is notice of the vehicle impoundment. It is important to retain that document so, when you contact a lawyer to dispute it, they can review it to check key details. The lawyer can obtain disclosure, if applicable, after disputing the impoundment. The officer also checks certain boxes on the impoundment form that can be crucial while arguing for an early release.
Getting a company vehicle out
If the impounded vehicle is used in the course of business, or is registered to a business, those are grounds for early release. However, it is not enough to merely show that the vehicle is registered to a company or used by the company for business purposes. The availability of replacement vehicles of a similar sort is a concern at the hearing. As well, an applicant must prove that the business relies on the impounded vehicle to generate income.
The considerations on a impound review are non-exhaustive, meaning there are always novel arguments that can be made, but it only makes sense to advance viable arguments that have a possibility of success. The point is that every person, family and business are in different circumstances at it is possible to advance a new argument to address the novel circumstances of the individuals or company seeking to challenge the impoundment.
If your vehicle has been impounded, call us right away. Timelines are tight and strictly enforced by the government and it takes time to put together a solid argument to successfully dispute a vehicle impoundment.
If your vehicle has been impounded, call us now.