suspended license questions

Fr0z3N
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suspended license questions

by: Fr0z3N on
Wed Apr 27, 2011 5:19 pm

I've searched my best and it's probably been asked before but here's my situation

I got my license suspended for dangerous driving for a year 1st offence.

2nd offence I got charged and plead to dangerous driving again but negotiated the sentencing to 12 months driving suspension.

I moved to New Brunswick to get away from the urge to drive and that 12 months is up next week (I've done a whole damn year no driving waiting for this day) and yesterday I called to find out what I have to do to get my license back and they said its suspended until nov 2012 (3 years for a 2nd offence)

To top it off I'm an apprentice mechanic and cars are my life...

Now I've found some information in section 41 which basically says 1st offence 1 year suspension, 2nd offence 3 year suspension

I was told in court and sentenced to 12 months...... what can I do? I'm all ready to buy a new car (have one lined up I'm in love with) and get driving again.

2nd situation: say I am screwed and my license is suspended until 2012 november. Can I buy a boat and still try and enjoy my life? I have my boaters "license" but can I drive a boat with a suspended license? (keep in mind I'm now in NB if that matters)


3rd since I feel like my heart and dreams have been crushed and I now 100% officially hate the law, is there a way to get around an ontario suspension and get a NB license and still be safe?


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by: hwybear on
Thu Apr 28, 2011 7:28 am

There are 2 types of suspensions you are dealing with, each having their own meaning.

1) Criminal code suspension of your driving priviledge, commonly knows as a "prohibition order", typically prevents you from operating anything with a motor(car, boat, golf cart, riding lawn mower etc..) for a set time period and is "Canada" wide and anywhere (highway, lakes, bush, your own property, private property etc)
2) Provincial driving suspension
Ontario the suspension is written in the HTA, which as you have found has a suspension of 3 years for the 2nd conviction and no court can alter that
NB might have a similiar suspension written in their Traffic Act, where a conviction via Criminal code carries suspensions in their province, so you have to look up that act specific to that province

If you have your paper work from the Criminal Court, check the length of the prohibition order for driving, or have someone take you to the closest criminal court to find out. That is the criminal portion of the "suspension".

Then you will have to contact the province you are residing in to ask them how long, if any suspension their act carries.

If you happen to get a licence outside Ontario, the Ontario licence suspension still supersedes/quashes any valid licence while/IF you are in Ontario.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Fr0z3N on
Thu Apr 28, 2011 3:13 pm

my driving prohibition (probation) is over next week.

I talked to a lawyer here and he basically said go to the office and try to get a license. if they give it to me then good otherwise come see him and we'll find out why not.


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hwybear
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by: hwybear on
Thu Apr 28, 2011 4:34 pm

Just easy enough to look in the NB Traffic Act (or whatever it is called there) and see if there is a Provincial Suspension imposed.

Ontario automatically imposes a "provincial" suspension - can not be altered/changed/deleted by any court.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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by: Fr0z3N on
Thu Apr 28, 2011 5:51 pm

problem is I don't even know what it is called here and I wasn't able to find much info on google.

I called the RCMP police here and asked them both the dual license question and the boating question and they don't even know...




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by: The Stig on
Thu Apr 28, 2011 9:36 pm

You are fine to operate a boat. Only time you wouldn't be is if you were charged with a criminal (boating) offence ie Impaired, Dangerous Boating etc and you were issued a boating prohibition.


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by: Fr0z3N on
Thu Apr 28, 2011 9:43 pm

Ok it took me a couple hours to read through it all to find this out. Now I need someone to make sense of it for me... please.

Section 249 of the criminal code of canada refers to Dangerous driving.


300(1)Subject to subsections (1.1), (2) and (2.1), when ten or more points are assessed against any driver or non-resident driver, the Registrar shall, if the driver or non-resident driver holds a licence, revoke his licence and suspend his driving privilege, or, if he does not hold a licence, suspend his driving privilege
(a)for a period of twelve months when the ten points are assessed for a conviction under section 220, 221, 249, 253 or 254 or subsection 255(2) or (3) of the Criminal Code (Canada),


301(1)The Registrar, upon application, shall issue a licence that is, subject to section 304, probationary
(a)to a person who is registered in the alcohol ignition interlock device program established under section 310.12, if the conditions referred to in subsection 310.13(4) are met and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada), and
(b)to any person when the period of suspension of the person’s driving privilege under paragraph 300(1)(a), (b) or (b.1), subsection 302(1), (2), (2.1), (2.2), (3) or (4), section 302.1, subsection 310.18(1), paragraph 310.18(2)(a) or subsection 310.18(4) or (5) has elapsed and if no further convictions have been entered against the person and no orders directing discharge have been issued in relation to the person under subsection 255(5) of the Criminal Code (Canada).

302(2)Where any person
(a)is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(b),
(b)does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(b), or
(c)holds a licence after having his or her driving privilege suspended under paragraph 300(1)(b),
and is convicted of an offence referred to in paragraph 300(1)(a) or (b) within three years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within three years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period that is twice as long as the period of suspension for which the Registrar could have suspended under subsection 300(1).

302(2.1)Subject to subsection (2.2), where any person
(a)is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b)does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c)holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of an offence referred to in paragraph 300(1)(a) within five years after the date of the Registrar’s suspension, or has an order directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her within five years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of three years.

302(2.2)Where any person
(a)is the holder of a licence issued under section 301 after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
(b)does not hold a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1), or
(c)holds a licence after having his or her driving privilege suspended under paragraph 300(1)(a) or (b.1),
and is convicted of two or more offences referred to in paragraph 300(1)(a), has two or more orders directing discharge under subsection 255(5) of the Criminal Code (Canada) issued in relation to him or her or is the object of any combination of such convictions or orders, within five years after the date of the Registrar’s suspension, the Registrar shall revoke the licence and suspend the driving privilege for a period of five years.

307(5)Where the registrar receives a notice referred to in subsection (1), (2) or (4) and the driver or non-resident driver is a person whose driving privilege has been suspended pursuant to paragraph 300(1)(a), (b) or (b.1), subsections 302(2), (2.1) and (2.2) apply as if the conviction in respect of which notice was received had been a conviction in the Province under the sections of the Criminal Code (Canada) referred to in paragraph 300(1)(a) or (b), or as if the order directing discharge had been issued in the Province.

307.1(6)Where the Registrar receives a record referred to in subsection (3) or (5) and the driver or non-resident driver is a person whose driving privilege has been suspended pursuant to paragraph 300(1)(a), (b) or (b.1), subsections 302(2), (2.1) and (2.2) apply as if the conviction in respect of which the record was received had been a conviction in the Province under the sections of the Criminal Code (Canada) referred to in paragraph 300(1)(a) or (b), or as if the order directing discharge had been issued in the Province.
1993, c.5, s.26; 2001, c.30, s.20.

I only copy and pasted what I could refer back to section 300(1)(a) which listed dangerous driving. I also left out a few paragraphs that referred back to it that I came to the conclusion relate to drinking and driving.


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