Frustrated in Nova Scotia,time served, fine paid 7 years ago

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Joined: Fri Jan 07, 2011 4:30 pm

Frustrated in Nova Scotia,time served, fine paid 7 years ago

by: exontdriver on
Fri Jan 07, 2011 5:33 pm

Need help!!!!!
8 years ago I was charged with a DWI, driving with more then 80mg of alcohol, sec 253B. my first offense. I received a 90 day suspension and during that time was told by my employer (Canadian Forces) that with a suspended license and pending criminal charge I could not continue in my employment, they were posting me to another position in another province (Nova Scotia). Within 60 days me and my wife were moved out of province. Since my court date was 9 months later I hired a lawyer to represent me in Ontario. Soon after the initial 90 day license suspension we visited Ontario and I received my drivers license back. When I returned to Nova Scotia I turned in my Ontario license for a Nova Scotia license which I had 90 days to do. My lawyer advised me I needed to be present to plead guilty, so 6 months later I flew to Ontario, plead Guilty, paid my fine and fees and turned in my Nova Scotia licence for my 1 year suspension. I served my 1 year suspension and after not driving for the year I went to Service Nova Scotia (Licence Bureau) and received my drivers license. 5 years after all this occured, I applied for a pardon. In preparing all the paperwork I had to return to Ontario to get court documents, had fingerprints taken by RCMP, and had criminal record check done by RCMP. I applied and received my pardon in 2009. At this point I stated my interest in returning to a position in Ontario to the Canadian Forces.
I am still residing in Nova Scotia, and this past summer (July 2010) we are back in Ontario for our holidays. I get pulled over by police and charged with speeding, going 65km in a 50km zone and then he informs me that I am driving with a suspended Ontario Licence. I don't understand since I hold a Nova Scotia not Ontario licence. He also gives me a summons to appear in court. He was nice enough to follow me back to where I was staying since I had no one to come pick me up,but told me not to drive again in Ontario. I called Ontario Ministry of Transportation and they said I had never followed the restoration program (interlock and counseling) required to reinstate my Ontario license, I live in Nova Scotia and turned in a Nova Scotia license so why would I call Ontario after the fact to find out what they need to reinstate a license that I can't get since I am not a resident. In 2003 in Nova Scotia there was no interlock program existing. Noboby, not the courts, my lawyer, the RCMP when I got my pardon 5 years later ever told me about this suspension. Since I turned in a Nova Scotia License to the court shouldn't they have told me if I needed to do anything special since I live out of province?
Now, 8 years later, I have just been offered my old position back in Ontario. I want to go but need a license. What can I do now?
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by: hwybear on
Sat Jan 08, 2011 7:42 am

Here is my guess at the situation
The pardon for a criminal record (Canadian) has nothing to do with any provincial offences.
You subsequently appear to be convicted for Impaired and a 1yr driving prohibition via Criminal Code was imposed Canada wide. The Nova Scotia DL was turned in for this one year prohibition.

Since the offence was in Ontario, the Province of Ontario also adds on 1 year mandatory ignition interlock, so until that requirement is fulfilled, appears the licence remains suspended. The Ontario suspension would be tracked via by an Ontario DL (which you say you did have at one time) or if never a Licence Driver in Ontario, an Ontario DL number would be generated.
Here is the MTO site about interlock device ... lock.shtml
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer.
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by: The Stig on
Mon Jan 10, 2011 4:26 pm

I suspect that the interlock condition has since passed. If after your your driving prohibition expired you wished to drive in Ontario you would have needed to have the interlock installed. You can essentially opt not to drive (In Ont) for that period and it would pass.

As far as the remedial (Back on Track) program. Don't think of it so much that your drivers licence is suspended for not completing this but that your privilege to drive in Ont is suspended. Meaning that you can't drive in Ontario under any jurisdictions licence as long as this is in effect (until you complete the remedial program). I suspect that because you were in and out of province this didn't come to your attention the same that it would if your were still in Ontario.

As a side note the MTO has a site/phone number that you can pay $2 and check the validity of anyones licence. ... erForm.asp
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