Ontario's New Getting Your Licence Back Earlier Law
Losing your licence because of an impaired driving conviction can have a massively detrimental effect on your life, especially if you rely on driving to get to work or live in a rural area.
The Ontario Highway Traffic Act (HTA) creates punishments that are in addition to the Criminal Code fines and periods of imprisonment for drunk driving offences, including licence suspensions between 1 year for a first offence to lifetime for a fourth offence. These drivers then have to complete a remedial measures program (for approximately 10 months), and then have an Ignition Interlock device installed on their vehicles for between 1 year for a first offence to lifetime for a third offence. The Ignition Interlock device is a breath alcohol monitoring machine wired into your vehicle's ignition.
The HTA is now allowing for early reinstatement of the suspended license with the Ignition Interlock device. You must have a car and valid insurance to be eligible.
This is available for persons convicted of a first impaired or over 80 driving offence that does not cause bodily harm or death and does not involve drug impairment. There are 2 streams:
Stream A
- 3 months minimum driver's licence suspension
- minimum Ignition Interlock Installation Period of 9 months
*Stream 'A' is only available if you plead guilty within 90 days of being charged*
Stream B
- 6 months minimum driver's licence suspension
- minimum Ignition Interlock Installation Period of 12 months
Part of the requirements are to successfully complete the assessment component of the required remedial measures program and establish proof of a lease agreement for an approved ignition interlock device. Note that before the new law, the overall impact was 12 months of no driving plus 12 months of Interlock. Now it could be as low as 3 plus 9 months.
The difference between the two streams is that Stream A applies to those who plead guilty within 90 days of being charged. Stream B applies to those who plead guilty later or lose at trial. Those who are presently facing charges may participate in Stream A if they plead guilty within 90 days of August 3rd.
There is much that is good about this new law, however a big concern is that innocent people, for example, those in rural areas, who depend on driving to get to work, buy groceries etc., will plead guilty, just to get their licences back sooner, or because 90 days often is not enough time to be able to assess whether a defence is available. Due to this tight time frame, it becomes critically important to retain a lawyer quickly and then make a decision when informed of all your options.
Currently, the penalties for a first offence are:
- A fine increased to $1000.00 from $600.00;
- 30 days in jail instead of 14 days on a second offence;
- 120 days in jail instead of 90 days on a third offence.
There are a number of other consequences too:
- The installation of the Ignition Interlock Device for one to three years, or for a lifetime, depending on the number of prior convictions;
- Being required to attend the Ministry of Transportation "Back on Track" Educational Program;
- Massive insurance increases;
- A criminal record which may limit your employment prospects;
- Your ability to travel internationally could be affected;
- Your automobile could be seized and sold by the police;
- Possible immigration consequences.
The MTO does not recognize pardons. Therefore, despite receiving a pardon for a previous drinking and driving offence you will receive the same driving suspension. This can result in devastating consequences.
Also, if you have a conviction from the United States, in certain circumstances it may count as a "prior" in Canada.
An experienced lawyer can assist you in navigating through these rough waters. Often, by simply timing when the accused finishes his/her file, it can have a significant beneficial impact in reducing the length of driving suspensions.
At Aitken Robertson, our team approach gives you an opportunity to meet with the various lawyers to fully discuss the facts of your case. While no lawyer can promise a particular result, we will often be able to give you an initial, honest impression of the approach we will take in defending your case. If you hire Aitken Robertson we will work with a variety of experts to evaluate the merits of your case.
Aitken Robertson is experienced in assessing the complicated interplay between the Criminal Code and the Highway Traffic Act to avoid the unexpected and unwanted results that await the misinformed.
10 Reasons to get a Pardon
Employment: It is becoming more of a prerequisite for many types of employment that a criminal record check be completed before you are considered. Getting a pardon can eliminate the possibility of being overlooked for a job you deserve.
Self-Employment: Just because you are self-employed does not mean a criminal record will not affect you. Before sub-contracting to an individual or to a business, many companies now require criminal record searches for all employees and owners.
Career Advancement: Before you are awarded a promotion, many companies conduct criminal record checks on those who have applied for career advancements. A criminal record may lead to you being refused the promotion, or may result in your dismissal.
Crossing The Border: The United States does not recognize Canadian pardons, however, getting a pardon will remove your record from CPIC and therefore make it non-existent to the American border crossing authorities.
Immigration: If the possibilty to work or study abroad presents itself a criminal record can impose unnecessary burden. Also, Canadian Immigration ("CIC") often rejects applications for refugee status, landed status and citizenship.
Volunteer Work: Many organizations require you complete a criminal record check before you are able to volunteer. Do not miss an opportunity to go on a class trip with your child, coach a sports team or become involved in your community because you have a criminal record.
Custody Of Your Childern: The existence of a criminal record can be an important factor in custody battles and separation proceedings. Your child custody and visitation rights may be reduced or eliminated because of a criminal record.
Further Offences: in the event that you are charged with a further impaired driving offence, a pardon will wipe your record and lead to that offence being treated as a first. This can mean th edifference between serving jail time and paying a fine.
Apartment Rental: Many rental application forms ask if you have a criminal record. It may be difficult to find a place to rent if you have a criminal record. A pardon will eliminate this burden.
Peace Of Mind: Give yourself th epeace of mind knowing that your criminal record no longer exists. We will walk you through the sometimes complicated procedure so you can continue life without worry that your past will surface at any time.
