There are two types of drivers licence suspensions in Ontario;
- Licence suspensions – Highway Traffic Act
- Licence prohibitions – Criminal Code of Canada
There are two types of drivers licence suspensions in Ontario;
Licence suspensions under the Ontario Highway Traffic Act are suspensions under provincial traffic law.
These suspensions are usually as the result of:
Licence suspensions under the Highway Traffic Act are usually for 6 months. In the case of unpaid fines, medical, accident claims and family responsibilities the suspension ends when the issue is corrected.
Should a driver be charged with driving while suspended under the Highway Traffic Act of Ontario the penalties can be:
Drivers do not receive a criminal record for driving under suspension under the Highway Traffic Act.
There are two distinct categories of criminal licence suspensions:
Criminal driving prohibitions, apply to the operation of any motor vehicle as defined in the Criminal Code of Canada.
The Criminal Code of Canada, defines a “motor vehicle” as:
motor vehicle means a vehicle that is drawn, propelled or driven by any means other than muscular power, but does not include railway equipment.
This definition includes factory equipment, construction machinery, and farming equipment, all of which are classified as motor vehicles due to their engine-driven nature. Even a riding lawn mower powered by an engine is prohibited from use. The law clearly stipulates that the operation of such equipment is prohibited by those convicted of criminal driving offences.
Under the Criminal Code of Canada, the prohibition from driving a motor vehicle applies everywhere, including private property.
Under the Highway Traffic Act of Ontario your licence will be suspended immediately for ninety (90) days under the Administrative Driver’s Licence Suspension (ADLS) when;
This suspension takes effect while you are still at the roadside or at the police station. It is an administrative suspension and is separate from any criminal charges or prosecution that may also take place.
An administrative monetary penalty is also imposed on drivers who receive an ADLS of a one hundred and eighty (180) dollar licence reinstatement fee.
Where a driver has been charged with a drinking and driving offence and after the ninety (90) days have past the driver can get their drivers licence back while awaiting trial.
The penalties for driving while prohibited due to Criminal Code offences include:
Convictions and their corresponding prohibitions remain on a driver’s record/abstract for a minimum of ten years. However, the court holds the discretion to order longer suspensions if it deems necessary for the public safety.
License suspensions can be imposed for convictions of various Criminal Code offences, including but not limited to:
These penalties underscore the severity with which the legal system treats driving-related offences, emphasizing both punishment and public safety. Drivers licence prohibitions for Criminal Code of Canada offences are kept on the driving record/abstract for ten (10) years.
For drivers who repeatedly blow in the warn range of .05 to .08, there is a mandatory alcohol education for a second suspension, which must be completed within 120 days of the suspension, or an alcohol-treatment program for a third or subsequent suspension.
A driver improvement interview is required for drivers convicted of non-impaired driving-related Criminal Code offences.
If your driver’s licence has been suspended because of a Criminal Code conviction, your licence will remain suspended until any remedial requirements have been completed.
If it is your first conviction, you may be eligible to participate in the Reduced Suspension with Ignition Interlock Conduct Review Program.
This program will allow eligible drivers to reduce their licence suspension in return for meeting specific requirements, such as the mandatory installation of an approved ignition interlock device in their vehicle. Please contact us to discuss this option.
Nick, Just want to let you know, I just completed the Back on Track assessment in Barrie and am doing the one day course in Toronto on Thursday. So I will be good to drive come October 28. Both the Back on Track in Barrie and Toronto, were shocked at the fact that you got my licence back so soon on a second offence. The both said they had never seen that before… Thanks Again! Nathan B. Toronto
An ignition interlock device is an in-car, breath-screening device.
It prevents a vehicle from starting if a blood-alcohol concentration is over a pre-set limit of 20 milligrams of alcohol per 100 millilitres of blood (.02).
If you are convicted of an impaired driving offence under the Criminal Code of Canada, your licence can be reinstated:
You will be eligible to have your driver’s licence back. At that time:
If you choose not to install a device, you must not drive until the condition is removed from your licence.
Drivers caught without a required ignition interlock device will have their cars impounded for seven days. If you are required to complete a road test while the ignition interlock condition is on your licence, you must complete a road test in a vehicle equipped with the device.
Once completed you must apply to the Ministry of Transportation to have the condition removed from your licence. If you do not apply for removal of the licence condition, it will remain on your licence indefinitely.
If you have completed the minimum period (one year or three years) without any program violations such as tampering or driving without an appointment with the service provider, the ignition interlock condition will be removed.
As a vehicle owner, you must not allow a person with an ignition interlock condition to drive your vehicle or you could be convicted of an offence under the Highway Traffic Act. You can find out if a driver has an ignition interlock condition on his or her licence by accessing MTO’s website at www.mto.gov.on.ca or by calling 1-900-565-6555. There is a fee for each licence check.
If your driver’s licence has been suspended for driving in the warn range of .05 to .08 for a third or subsequent time in a five-year period, you will also have an ignition interlock licence condition placed on your licence for 6 months. More information on the Program is available on the MTO website.
The Ontario government believes drivers who register a blood-alcohol concentration in the “warn range” of .05 to .08 pose an immediate danger to themselves, other drivers and the public. If caught driving in the warn range, drivers receive an immediate driver’s licence suspension at the roadside:
An administrative monetary penalty is also imposed on drivers suspended for registering in the warn range.
All drivers who are 21 years of age and under, regardless of licence class, must have a blood alcohol concentration level of zero when operating a motor vehicle.
Where a novice driver and is caught with any amount of alcohol in their blood, they will receive an immediate 24-hour roadside driver licence suspension and, if convicted, could face a fine of up to $500 and a thirty (30) day licence suspension under the novice driver escalating sanctions program.
Fully licensed drivers who are 21 years and under and are caught with alcohol in their blood, will receive a 24-hour roadside driver licence suspension, plus a charge under the Highway Traffic Act. If convicted, the driver will receive a fine and a 30-day licence suspension.
Doctors are required by law to report the names and addresses of everyone 16 years or older who has a condition that may affect their ability to drive safely.
For example, if the driver has an addiction to alcohol or drugs that affect their ability to drive, a Doctor shall report this information to the Ministry of Transportation.
The Ministry of Transportation (MTO) will suspend the drivers licence until new medical evidence shows that the physical condition or dependency does not pose a safety risk to themselves or other drivers.
Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.
There is no fee or obligation to call and speak to us. The discussion is held with complete privacy and confidence with the lawyer.
During that phone call the lawyer will:
The lawyer will be able to give you an opinion about your case, and tell you:
Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.
In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.
We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.
2 days ago
★★★★★ Nick and his criminal lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team at least 8 times total to watch surveillance videos of me, solidify my defence, give me some Information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. Nick seems to has a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. I recommend Charitsis Lawyers highly.
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. We saw a bunch of criminal lawyers for consultation, but only after meeting with Nicholas Charitsis and Vadim Paskaru we saw that they would do whatever it takes to win our case. It was difficult, but Nicholas and Vadim were with us every step of the way, supporting us, explaining next steps, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
1 week ago
★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.
2 weeks ago
★★★★★ I recommend Charitsis Law Criminal Lawyers they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you
2 weeks ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Vadim Paskarou at Charitsis Law, I was put as ease. Vadim was simply outstanding to watch when cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of Vadim Paskarou at Charitsis Law. If you have been charged with a criminal offence then I would highly recommend contacting Vadim!
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
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