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Ontario Highway Traffic Act

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G2 BAC Above Zero
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PostPosted: Sun May 09, 2010 11:30 pm 
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I understand that when G2 driver under influence is stopped, it carries an automatic 3-day licence suspension and a further 30-day if pleaded guilty or convicted.

a) how long does the following stay on your drivers record?
1) 3-day suspension
2) 30-day suspension

b) Demerit points associated with any?

c) Lets say one gets the 3-day suspension and the case is subsequently dropped. I am guessing it will be obvious for the insurance company that the 3-day suspension was alcohol related and will affect insurance premium accordingly. Any views on this??


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PostPosted: Mon May 17, 2010 11:44 pm 
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I was hoping someone would know the answers....Anyone?


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PostPosted: Tue May 18, 2010 8:34 am 
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Suspensions and tickets remain on a driving record life.

G2 alcohol offence = 0 points

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PostPosted: Tue May 18, 2010 2:17 pm 
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3, 7, and 30 day suspensions are for drivers that blow a warn (between 50 and 80 mgs of alcohol) so they are not technically "under the influence". Well, maybe they are, depending on your definition, but what I mean is that they are not necessarily impaired.

The first time a driver gets into this situation they get a 3 day suspension. The second time (if it is within 5 years) is 7 days. The third time (if it is within 5 years of the second) is a 30 day suspension.

There is no "case" associated with a suspension, so there is nothing to be dropped. I don't think insurance companies are looking at these suspensions, precisely for this reason, because there is no case, nothing has been proven in court and there is no right to appeal a suspension.

The suspensions do stay on your record forever, but the time line resets after five years, as I indicated above.

Does that answer all your questions?

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PostPosted: Tue May 18, 2010 3:36 pm 
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I infer an insurance company can query your record for the past 5 years.

Similar to minor speeding tickets stay on your record for 3 yrs, i would have thought it would be the same for a suspension.

What I dont understand (and cannot find the answer anywhere) is that when an insurance company query a driver's record, they will see that 3 day suspension, which can only be alcohol related. Automatically this will drive the insurance premium to the roof. Am I wrong in this assumption?

Similarly if I were to look for an insurance for a new car, I would be forced for reveal a license suspension (even if the case was eventually dropped), would you agree?


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PostPosted: Tue May 18, 2010 3:49 pm 
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Yes, the suspension is on your record, which is queryable by insurance companies and yes, you I guess you would have to disclose that your licence has been suspended on a new application for insurance.

I seem to recall though, when the legislation came out, that there was talk that insurance companies would not be able to use this against you since nothing has been proven. Perhaps I'm wrong on that.

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PostPosted: Tue May 18, 2010 3:51 pm 
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sroghen wrote:
Similar to minor speeding tickets stay on your record for 3 yrs, i would have thought it would be the same for a suspension.


They are both on your record for LIFE...they do not leave

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PostPosted: Tue May 18, 2010 3:55 pm 
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Simon Borys wrote:
I seem to recall though, when the legislation came out, that there was talk that insurance companies would not be able to use this against you since nothing has been proven. Perhaps I'm wrong on that.

I recall that..where it is an ADLS (Administrative Drivers Licence Suspension) that the insurance can not use it , but where it is MTO/Court administered (demerit points, unpaid fines, suspension) it can be used.

We will have to find the link somewhere for that.

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PostPosted: Tue May 18, 2010 3:59 pm 
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Perhaps we should clarify for people that all convictions on your driving record are permanent. They do not get erased. However, demerit points do drop off your record 2 years after the offence date and some people think this is synonymous with the conviction dropping off your record. This is not the case. Also, older convictions do not show up on your licence history when a police officers queries your licence status through PARIS. Again, some people think this is synonymous with your record being clean, but it is not.

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PostPosted: Tue May 18, 2010 4:09 pm 
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Simon Borys wrote:
Also, older convictions do not show up on your licence history when a police officers queries your licence status through PARIS. Again, some people think this is synonymous with your record being clean, but it is not.


We use a different system and can see everything back to when the driver was first licenced.....think the most I have seen is around 60 convictions.

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PostPosted: Tue May 18, 2010 4:27 pm 
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The convictions don't drop off the records that police can look at, but they do drop off the driver abstract (and what the insurance companies can look at) after three years, suspensions after five.

60 convictions!? :shock: :shock: :shock:

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PostPosted: Tue May 18, 2010 7:57 pm 
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60!? That's crazy!

Just to clarify for people, most (perhaps all?) municipal police services have access to the 3 year record, OPP and MTO have access to everything.

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PostPosted: Tue May 18, 2010 9:54 pm 
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Interesting you guys seem to agree the 3,7,30 day suspension is administrative and cannot be used by insurance unless it has been administered by the court.

On the other side, if I declare this on a new insurance application, then it will automatically increase premium. How would you guys go about this? Tell the insurance company, I have a 3-day license suspension but is administrative only.

Any reference to the law or directive/document that states insurance companies cannot use this administrative suspension against a driver?

thx


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PostPosted: Tue May 18, 2010 10:31 pm 
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ok I found a link

http://www.defencelaw.com/drinking-driving-1.html

Under: "Administrative driver's licence suspension"

The suspension may lead to imposition of an insurance surcharge. In Ontario, if you successfully defend the charge that led to the suspension, provide a certified copy of the information (charging document) to your insurance company. Upon renewal of your policy, the surcharge should be removed.


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PostPosted: Tue May 18, 2010 10:59 pm 
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This is referring to the 90 Day ADLS (Administrative Driver's Licence Suspension) that you get when you are charged with Over 80 or Refuse, not the 3/7/30 day suspensions.

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