On June 26, 2012 I was charged under Impaired Offense # S,253/254/255/ I was under the opinion that if I enrolled in the Back on Track Program I could get my driving privileges back after 6 months and take advantage of the Alcohol ignition interlock device for the remainder of my sentence. Instead, I chose to sit out the one year period and re-apply for my license after 1 year in August of 2013. In August I took the assessment in Bracebridge and was told that I needed to take the one day education workshop on Oct 26/2013 in Barrie. During this Education Work-Shop I was then informed that I have a six month follow-up this would take me to April of 2014 followed by a one year Ignition Interlock period, this takes me to April of 2015. This is so ridiculous that no one believes me when I try to explain my predicament. How can a one year sentence turn out to be 3 years.?
On June 26, 2012 I was charged under Impaired Offense # S,253/254/255/ I was under the opinion that if I enrolled in the Back on Track Program I could get my driving privileges back after 6 months and take advantage of the Alcohol ignition interlock device for the remainder of my sentence.
Instead, I chose to sit out the one year period and re-apply for my license after 1 year in August of 2013.
In August I took the assessment in Bracebridge and was told that I needed to take the one day education workshop on Oct 26/2013 in Barrie. During this Education Work-Shop I was then informed that I have a six month follow-up this would take me to April of 2014 followed by a one year Ignition Interlock period, this takes me to April of 2015.
This is so ridiculous that no one believes me when I try to explain my predicament. How can a one year sentence turn out to be 3 years.?
Your lawyer should have explained the timing to you when you plead. There are no fixed rules that apply to everyone; it all depends on the "stream" the Crown permits, the wording of the charge (i.e. whether it includes ' and/or impaired by drug'---a common concern!) and how the sentencing judge worded their judgement. Generally, first time offenders must plead guilty within 90 days of the OFFENSE date, then must be subject to at least a 90 day 'absolute' driving prohibition. Don't confuse that with the 90 day suspension you get under the HTA (administratively); that time usually overlaps with the court-order prohibition. So, to qualify for the ignition interlock, you need to already be enrolled in the Back on Track and complete Phase 1 of the program (that's why you want to do it within the 90 day absolute period), and THEN, you can qualify for installing the device. It's an extremely complicated process; even more so to try to explain to someone. If a person doesn't qualify for Stream A (the 90 day absolute prohibition period), then they might qualify for Stream B (180 days absolute), or no stream at all. The time frames for qualifying and what steps of the Back on Track program you must take (i.e. just education or therapy or both!) also differ. As I've stated, its extremely complex and confusing---its very specific to YOUR situation, so generic answers are almost useless since they'll likely only confuse you more! Bottom line: either call up your lawyer to get specific clarification or visit a courthouse to talk to a duty counsel about explaining all of this to you. Best of luck!
Your lawyer should have explained the timing to you when you plead. There are no fixed rules that apply to everyone; it all depends on the "stream" the Crown permits, the wording of the charge (i.e. whether it includes ' and/or impaired by drug'---a common concern!) and how the sentencing judge worded their judgement. Generally, first time offenders must plead guilty within 90 days of the OFFENSE date, then must be subject to at least a 90 day 'absolute' driving prohibition. Don't confuse that with the 90 day suspension you get under the HTA (administratively); that time usually overlaps with the court-order prohibition. So, to qualify for the ignition interlock, you need to already be enrolled in the Back on Track and complete Phase 1 of the program (that's why you want to do it within the 90 day absolute period), and THEN, you can qualify for installing the device. It's an extremely complicated process; even more so to try to explain to someone.
If a person doesn't qualify for Stream A (the 90 day absolute prohibition period), then they might qualify for Stream B (180 days absolute), or no stream at all. The time frames for qualifying and what steps of the Back on Track program you must take (i.e. just education or therapy or both!) also differ. As I've stated, its extremely complex and confusing---its very specific to YOUR situation, so generic answers are almost useless since they'll likely only confuse you more!
Bottom line: either call up your lawyer to get specific clarification or visit a courthouse to talk to a duty counsel about explaining all of this to you. Best of luck!
I hate bumping old threads...but what can ya do? re:remedial programs I was convicted 2006 in Ontario. Didn't bother with Back on Track. Didn't want to get my licence back. It's now 2014 and I've been offered a very well paying job in Northern Quebec. Problem is I'll need a licence. Can I do a remedial program in a province other then the one I was convicted in? I've been trying to find info on this for weeks now. Any insight would be appreciated.
I hate bumping old threads...but what can ya do?
re:remedial programs
I was convicted 2006 in Ontario. Didn't bother with Back on Track. Didn't want to get my licence back.
It's now 2014 and I've been offered a very well paying job in Northern Quebec. Problem is I'll need a licence. Can I do a remedial program in a province other then the one I was convicted in?
I've been trying to find info on this for weeks now.
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