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Disappointment

Sometimes, I can’t help you.

That is a hard thing to admit.  Lawyers and Paralegals get into the practice of law and the provision of legal services to help people with these types of problems.  Usually there is a way we can help, but sometimes the financial burdens are too high.  Sometimes, it’s making a choice between two or more bad outcomes.  And sometimes, there is no solution at all; you just have to ride it out to the end.  Today, I will be talking about license suspension that you just simply cannot get out of.  The majority of them have to do with the fact that your administrative driver’s license suspension comes from drinking and driving.

The following Criminal Code convictions will result in an automatic administrative driver’s license suspensions (s. 41, HTA):

  1. Causing Death by Criminal Negligence with a Motor Vehicle (s. 220, CCC);
  2. Causing Bodily Harm by Criminal Negligence with a Motor Vehicle (s. 221, CCC);
  3. Manslaughter with a Motor Vehicle (s. 236, CCC);
  4. Dangerous Operation of a Motor Vehicle [including streetcars & snowmobiles] (s. 249, CCC);
  5. Flight from Police, including Flight Causing Bodily Harm or Death (s. 249.1, CCC);
  6. Causing Death by Criminal Negligence by Street Racing (s. 249.2, CCC);
  7. Causing Bodily Harm by Criminal Negligence by Street Racing (s. 249.3, CCC);
  8. Dangerous Operation of a Motor Vehicle While Street Racing (s. 249.4, CCC);
  9. Failure to Stop at Scene of Accident (s. 252, CCC);
  10. Operating While Impaired [includes “Over 80”] (s. 253, CCC);
  11. Impaired Driving Causing Bodily Harm, Blood Alcohol Level Over Legal Limit, Failure or Refusal to Provide Sample — Bodily Harm, Impaired Driving Causing Death, Blood Alcohol Level Over Legal Limit Causing Death, Failure or Refusal to Provide Sample — Death, Previous Convictions (s. 255, CCC);
  12. Failure or Refusal to Comply with Demand when Operating a Motorized Snow Vehicle (s. 41(1)(c), HTA; s. 254, CCC); and
  13. A conviction of the above or equivalent in another province, territory, or any state in the United States of America (s. 41(1)(d), HTA).

The automatic suspension for a first offence in any of the above is one year.  The automatic suspension for a first subsequent offence in any of the above is three (3) years.  The automatic suspension for a second subsequent offence or additional subsequent offence is indefinitely.

Another group of drivers that I can’t help are those who blow “Warn”  (having 0.05 to 0.08 Blood Alcohol Concentration).  For the first time, it is a 3-day roadside license suspension that cannot be appealed.  For the second time within 5 years, it is a 7-day roadside suspension that cannot be appealed.  For a third or subsequent time within 5 years, it is a 30-day roadside suspension that cannot be appealed.  For all of these suspensions, an administrative monetary penalty of $ 150.00 has to be paid each time to reinstate your driver’s license.

Those who blow “Warn” and have had a roadside suspension three (3) or more times will have to have a medical evaluation for substance abuse.  Depending on that evaluation, your license may be suspended until you complete a drug/alcohol rehabilitation program or have been sober at least one year.  I might be able to help in this set of circumstances.

The important thing about the automatic suspensions is that these are tacked on after the end of your sentence.  If the Judge or Court imposes an additional license suspension for, say, a year, then the automatic suspension starts at the end of the Court’s license suspension.  Therefore, your effective driver’s license suspension is really two years, instead of just one.

Impaired driving convictions also carry mandatory penalties which include:

  1. attendance in an alcohol education or treatment program; and
  2. having an ignition-interlock device installed in your vehicle (for which you have to pay for) and drive only that vehicle.

There are programs that help rehabilitate drivers who have been convicted of impaired driving.  Back on Track can help you reduce the overall suspension time, if you qualify.

For more information about mandatory and automatic license suspensions, click here to take you to the Ministry of Transportation’s website.

Links to Related Articles:

  1. Medical Driver’s License Suspensions By the Numbers
  2. Addictions and Medical Driver’s License Suspensions
  3. Driver’s License Suspensions Initiated by Doctors: What You Need to Know
  4. Why Your Driving Record Has Nothing To Do With Driver’s License Suspensions for Medical Reasons