Vehicle Forfeiture in Canada – The Process of Taking

Vehicle Forfeiture in Canada – The Process of Taking

May 25, 2024 | Blog, Driving, Know Your Rights, Your Rights

Thank You… and have a nice day eh!

Disclaimer: We are not Attorneys in Canada.  This is an article of information obtained from various sources and presented here. We can only assume they are accurate.  If you ever find a reason to go to Canada and need a lawyer…we wish you luck. Assume you do not have the rights a Canadian citizen would have and only be given basic human rights.

In Canada, vehicle forfeiture is a legal process that allows the government to permanently take possession of a vehicle. Let’s explore the reasons behind vehicle forfeiture and the steps involved.

Reasons for Vehicle Seizure:

Commission of a Crime:

  • Law enforcement agencies, such as the Royal Canadian Mounted Police (RCMP), can seize a vehicle temporarily if it is being used in the commission of a crime or if it serves as evidence of a crime.
  • Additionally, vehicles may be seized if they are abandoned or driven by someone prohibited from driving.

Violation of Laws or Regulations:

  • Vehicles can be seized if their owners violate certain laws or regulations. Examples include driving without valid insurance or registration or possessing a learner’s permit without an appropriate accompanying driver.

Vehicle Forfeiture:

Permanent Taking:

  • Vehicle forfeiture occurs after a legal process, usually when the vehicle was used in a crime or represents proceeds of crime (e.g., drug trafficking, money laundering).
  • Unlike seizure, forfeiture results in the permanent loss of the vehicle to the government.

Notification and Claim Process:

  • When a vehicle is seized, the owner is notified of the seizure and provided with information about the reason.
  • If the vehicle is not needed as evidence, the owner can reclaim it by following these steps:
    1. Contact the agency that seized the vehicle for specific requirements.
    2. Prove ownership with documentation (e.g., vehicle registration, bill of sale).
    3. Pay any fines or fees associated with the seizure.
    4. Retrieve the vehicle.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
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Civil Forfeiture Laws:

  • Canada’s civil forfeiture laws allow provincial governments to seize property without compensation when it is suspected of being used to commit an illegal act or acquired through illegal means.

 

Conclusion:

Understanding the difference between vehicle seizure and forfeiture is crucial. If your vehicle is subject to forfeiture, seek legal representation to navigate the process and protect your rights.

For more detailed information, you can refer to the full article.

Please note that this summary provides an overview, and it is recommend you consult legal professionals for personalized advice. 

Does Canada follow the US Constitution?

The U.S. Constitution spells out the specific powers of Congress, leaving everything else to the states. The Canadian Constitution does the opposite.

Provinces are limited to the powers explicitly given them by the Canadian Constitution and everything else is under the purview of the federal Parliament.

Canadian Bill of Rights

The Canadian Encyclopedia
The Canadian Bill of Rights recognizes the rights of individuals to life, liberty, personal security, and enjoyment of property. (It does not recognize “possession” of property, …

Want to learn more about the Canadian Charter of “Rights and Freedoms”.
Go here —> Guide to the Canadian Charter of Rights and Freedoms

In the FEDERAL COURT SYSTEM
When you need to go on the offense – to put the prosecution on defense
Komorn Law (248) 357-2550.

Carjacking is a Federal Offense

Carjacking is a Federal Offense

May 21, 2024 | Blog, Driving, Federal Laws, Supreme Court

Carjacking is a Federal Offense

Carjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal offense. 

Background of the Law

The term “carjacking” entered the American lexicon in the late 20th century, but the act itself is as old as automobiles. It wasn’t until the Federal Anti-Car Theft Act of 1992 (FACTA) that carjacking was recognized as a distinct federal crime. The law was enacted in response to a spate of violent carjackings, some of which resulted in the deaths of victims. Congress aimed to address this violent crime that often crossed state lines, making it a matter of federal concern.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law  (248) 357-2550

Current Law

The current federal statute, 18 U.S.C. § 2119, defines carjacking as the taking of a motor vehicle from another person “by force and violence or by intimidation” with the vehicle having been transported in interstate or foreign commerce. 

The law has been amended since its inception to include provisions for cases where serious bodily injury or death results from the carjacking, with penalties ranging from fines to life imprisonment, or even the death penalty in the most severe cases.

The carjacking statute, 18 U.S.C. § 2119, which originally became effective on October 25, 1992, provided in relevant part:

Whoever, possessing a firearm … takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall þ (1) be fined under this title or imprisoned not more than 15 years or both; (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both.

    On September 13, 1994, § 2119 was amended to read as follows:

    Whoever, with intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall (1) be fined under this title or imprisoned not more than 15 years or both, (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both, and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both or sentenced to death (emphasis added to highlight the 1994 changes to the statute).

     

    Prosecutorial Trends

    Despite the stringent laws, there has been a noticeable decline in the number of carjacking cases prosecuted at the federal level in recent years. Several factors contribute to this trend. One significant hurdle is the requirement for prosecutors to prove beyond a reasonable doubt that the defendant intended to cause serious bodily harm or death. This intent requirement sets a high bar for federal charges and is not a prerequisite at the state level, where most carjacking cases are prosecuted.

    Conclusion

    In summary, while carjacking remains a serious offense under federal law, the challenges of proving intent and the intricacies of prosecutorial decision-making have led to fewer federal charges in recent years. The focus has shifted towards state-level prosecutions, where the legal requirements may be less stringent, and the practicalities of bringing a case to trial are more manageable. The evolution of carjacking laws reflects a balance between the need for harsh penalties for violent crimes and the realities of legal practice.

    In the FEDERAL COURT SYSTEM
    When you need to go on the offense – to put the prosecution on defense
    Komorn Law (248) 357-2550.

    Can I be arrested for DUI riding my bike high in Michigan?

    Can I be arrested for DUI riding my bike high in Michigan?

    May 18, 2024 | Blog, Driving, Michigan Laws

    Recreational Cannabis is “legal” in Michigan.

    Can I be arrested for riding my bike high in Michigan?

    First… What is the definition of a bicycle?

    MCL 257.4 defines a “bicycle” as:

    “…a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.”

    Does a bicyclist have to obey the same traffic laws as a motorist?

    Yes, with exceptions.  MCL 257.657 states:

    “Each person riding a bicycle…upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”

    Can you be charged with a DUI or biking high while riding your bicycle?

    No. Although it is dangerous to ride while intoxicated, a bicycle is not a motor vehicle according to state law. DUI applies only to motor vehicle operators.

    Other laws will be weaponized against you however, such as disorderly conduct.

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    By the way…

    Is it legal to use a cell phone or text while riding a bicycle?

    Only if the cell phone is in hands-free mode. MCL 257.661 states:

    “A person operating a bicycle…shall not carry any package, bundle, or article that prevents the driver from keeping both hands upon the handlebars of the vehicle.”

    Here is a link to some bike specific Michigan Laws

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    Traffic FAQs – Traffic Crashes & Reports

    Traffic FAQs – Traffic Crashes & Reports

    May 17, 2024 | Blog, Driving, Michigan Laws

    Traffic FAQs – Traffic Crashes & Reports

    • Know the laws if you get pulled over.
    • Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us.

    Traffic Crashes & Reports

    Beginning in July 2005, the State of Michigan launched a new website dedicated to online purchasing of traffic crash reports.

    Interested parties may be able to purchase a copy of a traffic crash report taken by any Michigan law enforcement agency.

    Traffic Crash Purchasing System

    Question: I was involved in a traffic crash in the past and need a copy of the report. Where can I obtain one?

    Answer: Interested parties such as individuals involved in the crash and/or their attorney, and insurance companies should contact the Traffic Crash Purchasing System(TCPS) via the internet at the aforementioned link. If unable to do so you can contact the Michigan State Police Post that responded to the crash. A listing of state police posts is follows.

    State Police Posts

    Each post retains traffic crash reports for the current year plus two years. If the crash occurred prior to that you must request a copy of the report from the Criminal Justice Information Center using a Freedom of Information Request form.

    In addition, if you are not an interested party as described above, you must complete a Freedom of Information Request to obtain a specific traffic crash report.

    Complete the form with as much information as possible and mail to the address listed on the form.

    FOI Request

    If another agency other than the Michigan State Police responded and completed a crash report, you will need to contact that agency directly or utilize the TCP.

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    Question:  What is a State of Michigan Traffic Crash Report (UD-10)?

    Answer: The State of Michigan Traffic Crash Report (UD-10) is a form that must be completed by law (MCL 257.622) on all reportable crashes. The report is completed by all law enforcement agencies and is forwarded to the Michigan State Police for analysis for the purpose of furnishing statistical information and preparing compiled crash data.

    Here’s the law

    257.622 Report of accidents resulting in death, personal injury, or property damage; forms; analysis; use; retention.

    Sec. 622.

         The driver of a motor vehicle involved in an accident that injures or kills any person, or that damages property to an apparent extent totaling $1,000.00 or more, shall immediately report that accident at the nearest or most convenient police station, or to the nearest or most convenient police officer.
    The officer receiving the report, or his or her commanding officer, shall immediately forward each report to the director of the department of state police on forms prescribed by the director of the department of state police.
    The forms shall be completed in full by the investigating officer. The director of the department of state police shall analyze each report relative to the cause of the reported accident and shall prepare information compiled from reports filed under this section for public use.
    A copy of the report under this section and copies of reports required under section 621 shall be retained for at least 3 years at the local police department, sheriff’s department, or local state police post making the report.

    Disclaimer: This Frequently Asked Questions page is provided solely as a means of providing basic answers to questions about the Michigan Vehicle Code and is not designed or intended to provide a basis to contest a citation for a violation of the code. The positions stated are only those of the Michigan Department of State Police and are not binding on any other law enforcement agency or any Court. If our position is supported by case law then it will be enumerated within the answer provided. Source of Information – Traffic Laws FAQ

    Berkley state representative introduces bill to police noise from cars

    Berkley state representative introduces bill to police noise from cars

    May 15, 2024 | Blog, Driving, Michigan Laws

    A Michigan bill aims to crack down on excessive noise from vehicles with intentional modifications.

    The Problem:

      • Loud vehicles are a nuisance for residents, especially along Woodward Avenue, a popular cruising destination.
      • The current law is unclear and difficult to enforce. It prohibits modifying vehicles to create excessive noise but also mentions decibel level limits, impractical for on-the-spot enforcement.

    The Bill:

      • House Bill 5696, introduced by Rep. Natalie Price, targets vehicles intentionally modified to be loud.
      • It clarifies the law, making it clear that such modifications are illegal.
      • Penalties would increase:

          • First offense: $100 to $500
          • Subsequent offenses: $1,000

    The Concerns:

      • Car enthusiasts are concerned about:

          • Law enforcement potentially targeting factory-made loud vehicles.
          • The need for officer education to differentiate between illegal modifications and stock loud engines.

    The Bigger Picture:

      • While the bill focuses on Woodward Avenue, the issue is statewide.
      • Rep. Price hopes the bill will improve the situation for residents and acknowledges the positive aspects of car shows like the Dream Cruise.
      • The goal is to encourage responsible car ownership and respect for communities.

    Read the introduced bill (PDF)

    Or better yet start tonight and use the law that’s already there. Like this one…

    Sec. 74-1. – Prohibition generally.

    (a)  It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the city.

    (b) Each of the acts enumerated in this chapter is declared unlawful and prohibited, and violators shall be responsible for a municipal civil infraction, but this enumeration shall not be deemed to be exclusive.(Code 1981, § 17-1; Ord. No. O-13-19, § 5, 10-21-2019)

    Link to Code

    YOU TOO ROYAL OAK

    Disorderly Conduct (Disturbing the Peace and Noise)
    Ordinance at Section §278-35, First Reading

    B. Makes unreasonable noise which tends to cause a public danger, alarm, disorder or nuisance;

    P. Vehicle sound equipment noise and vibration. It shall be unlawful for any person to be in possession or control of a parked or moving vehicle with a stereo, disc player, cassette player, speakers, or other similar equipment that is producing sound on a street, driveway, publicly patrolled parking lot or public place at or with a level, volume, intensity, frequency, or other attribute that is perceptible at a distance of 50 feet or more, either by hearing the sound by the human ear or by feeling the sound in the form of vibrations associated therewith. This subsection shall not be applicable to sound emanating from emergency vehicles, vending vehicles, or publicly sponsored or permitted concerts, sporting events, activities, or gatherings. A violation of this subsection is a civil infraction punishable by a fine of $100.
    [Added 7-25-2016 by Ord. No. 2016-09]

    Q. Loud vehicles. The operation of any automobile, truck, motorcycle or other vehicle so out of repair or so loaded or constructed as to cause loud and unnecessary grating, grinding, rattling or other unreasonable noise, including the noise resulting from exhaust, which is plainly audible at a distance of 50 feet from the vehicle and unreasonably disturbing to the quiet, comfort or repose of other persons. A violation of this subsection is a civil infraction punishable by a fine of $100.
    [Added 7-25-2016 by Ord. No. 2016-09]

    Traffic FAQs-Golf Carts-Mini Motorcycles-ATVs-Electric Scooters

    Traffic FAQs-Golf Carts-Mini Motorcycles-ATVs-Electric Scooters

    May 15, 2024 | Blog, Driving, Michigan Laws

    Traffic FAQs – Golf Carts – Mini Motorcycles – ATVs  – Electric Scooters

    • Know the laws if you get pulled over.
    • Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us.

    Question: We recently got “Bird” scooters (electric skateboards) in our town. Are they considered a motor vehicle? Can I be arrested for drunk driving on an electric skateboard?

    Answer: Public Act 204 of 2018 amended the Michigan Vehicle Code (MVC) by adding MCL 257.13f to define “electric skateboard” as a wheeled device with a floorboard to stand on that is not more than 60 inches long and 18 inches wide and is designed for only one person at a time. To be an electric skateboard, the device must have an electrical propulsion system that does not exceed 2,500 watts and a maximum speed on a paved level surface that does not exceed 25 mph. An electric skateboard may be designed to be powered by human propulsion, in addition to the electric propulsion system.

    An electric skateboard is exempted from the definition of “motor vehicle” under MCL 257.33, but a person riding an electric skateboard “has all of the rights and is subject to all of the duties applicable to the driver of a vehicle.” MCL 257.657.  Questions regarding an arrest for a violation of MCL 257.625 (Operating While Intoxicated) on an electric skateboard/horse, should generally be referred to your city attorney or local prosecutor.

    Question: My husband saw on the news last night that golf carts were allowed on the county roads in the state of Michigan. Is this true?

    Answer: MCL 257.657a authorizes a village or city of fewer than 30,000 people to allow the operation of golf carts on the streets of that village or city by resolution, and sets forth the requirements and restrictions in doing so.  Similarly, a township of fewer than 30,000 people is also authorized to allow this under certain circumstances unless disapproved by the county board of commissioners.

    Previously, it was possible to equip, register and insure your golf cart to be road legal as a low speed vehicle.  However, the Michigan Department of State (MDOS) has announced that it will no longer process assembled vehicle title applications for vehicles manufactured as a golf cart and has requested law enforcement personnel to refuse or deny any request to complete a TR-54 Vehicle Number and On-Road Equipment Inspection for a golf cart.  Additional information may be found on the MDOS website.

    Golf carts that are currently titled and registered for on-road use will retain its current title and registration.

    If the golf cart is not currently titled, registered, and insured for on-road use, and is not within one of the cities, villages or townships that has allowed on road use, it may only be operated on a highway under very limited circumstances if it meets the definition of an ORV as provided in MCL 324.81101 of the Natural Resources and Environmental Protection Act.  The limited circumstances, such as crossing a street or highway at a right angle for the purpose of getting from one area to another, can be found in MCL 324.81122.  Additionally, MCL 324.81131 authorizes local municipalities to pass an ordinance allowing the operation of ORV’s on streets within the municipality and sets forth the requirements and restrictions in doing so.

    Question:  I have a Polaris Ranger and want to know if I can operate it on the road? 

    Answer: As noted on the SOS website, certain off-road vehicles (ORVs), all-terrain vehicles (ATVs) and off-road dune buggies can be titled as an assembled vehicle for on-road use.

    If this type of ORV is not currently titled, registered and insured for on-road use, it may only be operated on a highway under very limited circumstances if it meets the definition of an ORV as provided in MCL 324.81101 of the Natural Resources and Environmental Protection Act.  The limited circumstances, such as crossing a street or highway at a right angle for the purpose of getting from one area to another, can be found in MCL 324.81122.

    Additionally, MCL 324.81131 authorizes local municipalities to pass an ordinance allowing the operation of ORV’s on streets within the municipality and sets forth the requirements and restrictions in doing so.

    Question: Where can I legally ride a goped?

    Answer: A goped, while not specifically defined in the Michigan Vehicle Code, does fall under the definition of a moped  (MCL.257.32b) . Mopeds are required to have certain equipment such as; a headlight, brake light, seat, horn, muffler, and brakes on each wheel, in order to be legally operated on the roadway. In addition, the operator of a moped must be at least 15 years of age, have a moped license or an operator/chauffeur license, and the vehicle must be registered with the Department of State and display a valid registration plate. Finally, a person operating a moped must wear an approved crash helmet if they are under 19 years of age.

    Because gopeds are not equipped with the required equipment they cannot be legally driven on the roadway. Also, by definition they are a motor vehicle and therefore cannot be driven on a sidewalk constructed for use by pedestrians.

    Question: Can someone tell me what the laws in Michigan are for riding pocket bikes?

    Answer: If the “pocket bike” has an engine displacement of 50cc’s or less, produces 2.0 brake horsepower or less, is capable of a top speed of no more than 30 mph, and the operator is not required/allowed to shift gears, then it may be legally classified as a moped. The document titled “Moped Requirements” lists the operational and equipment requirements for such motor vehicles. Most “pocket bikes” will not meet those requirements and therefore will not be street legal.

    If the “pocket bike” has an engine displacement greater than 50cc’s then it is classified as a motorcycle and must meet the requirements applicable to that type of vehicle.  Again, most “pocket bikes” will not meet these requirements.

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    RED ALERT

    Distracted driving law now in effect:

    Governor Gretchen Whitmer signed into law a bill making it illegal to manually use a cell phone or other mobile electronic device while operating a vehicle on Michigan roads. Under the law, a driver cannot hold or support a phone or other device with any part of their hands, arms, or shoulders.

    Even if a cell phone or other device is mounted on your dashboard or connected to your vehicle’s built-in system, you cannot use your hands to operate it beyond a single touch.

    As a result, you cannot manually do any of the following on a cell phone or other electronic device while driving:

    • Make or answer a telephone or video call.
    • Send or read a text or email message.
    • Watch, record, or send a video.
    • Access, read, or post to social media.
    • Browse or use the Internet.
    • Enter information into GPS or a navigation system.

    Hands-free Law Guide

    Michigan State Police Legal Update

    Disclaimer: This Frequently Asked Questions page is provided solely as a means of providing basic answers to questions about the Michigan Vehicle Code and is not designed or intended to provide a basis to contest a citation for a violation of the code. The positions stated are only those of the Michigan Department of State Police and are not binding on any other law enforcement agency or any Court. If our position is supported by case law then it will be enumerated within the answer provided. Source of Information – Traffic Laws FAQ