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Ontario Highway Traffic Act

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DON’T HAVE A CLUE WHAT TO DO!
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PostPosted: Tue Feb 17, 2009 10:48 pm 
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Location: Toronto
My name is Brian. I am in my late 20’s and live in Toronto. I do not own a car but half a dozen times a year I rent one with my Visa. (To get out of the city and go to a beach or ski for example.)

I have never drunk and drive but I face a problem and I’m wondering if anyone can tell me what to do. Several months ago I was at a weekend party and had quit a bit to consume. When I stopped drinking I had the shakes, was sick, and had a headache. Basically all the signs of a REALLY bad HANGOVER.

A “Friend” of mine told me to go to the local hospital ER and they could help my symptoms by giving me Valium/Tranquilizers’. I felt horrible and decided to go.

At the Hospital the doctor asks me if I ever had the D.T.s or a seizure. To be honest I just wanted to feel better and said yes. The fact of the matter is I have had D.T.’s from drinking but I have never had a seizure.

I will say again I have had withdrawal D.T.s but never a Seizure.

Anyway the medical Doctor reported to the Ontario Ministry of Transportation that I had a Seizure.

They took my license away under Section 47 (1) of the Highway Traffic Act.

I talked with my M.D. a week later and he said you were going through withdrawal symptoms but never have had a Seizure. That said my M.D. does not know too much about the Ontario traffic law.

Does anyone know how I can get my license back? My Doctor will basically tell (whoever) that I have never had a seizure. I know it is going to take time and money but does anyone know the quickest route from A to B. B being getting my license back.

If there are any Liberals on this board I apologize but I really HATE dealing with any form of government (Federal, Provincial, or Local)

I will say again I never have drunk and drive. That said I’m not a saint and would not pass judgment on people that did.

Any information or assistance would be helpful.

Thank you


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PostPosted: Tue Feb 17, 2009 11:26 pm 
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sorry edit didnt read post correctly


Last edited by tdrive2 on Wed Feb 18, 2009 10:17 pm, edited 1 time in total.

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PostPosted: Wed Feb 18, 2009 4:11 pm 
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Hold on. Brian never stated he drove while drunk. He did say that the Dr.'s report triggered a license suspension for seizures. So ease up on the preachy stuff.

Check out this link from the PPAO about what to do.

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PostPosted: Wed Feb 18, 2009 4:54 pm 
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Location: Guelph, Ontario
The doctor asked you whether you had D.T. OR a seizure. Replying "yes" would mean that you have either one or both. What you have to do is to convince your doctor that when you replied "yes" to his answer, you meant "yes" only to "delirium tremens", not seizures. Once you get this into doctor's head, you can ask him to submit new information to MTO which will greatly help you get your license back.

Good luck!

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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PostPosted: Wed Feb 18, 2009 5:20 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
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Location: Toronto
Medical stuff is always touchy. As racer and ticketcombat said, this is an MTO issue, not a court one. You may also want to try to find a doctor who deals with driver licensing, some of them have a specialized practice. I don't think having DT due to drinking is a disqualifying condition; seizure is disqualifying.

Here's the thing. You only told the doctor that you had DT or a seizure (as racer mentioned). Did he formally diagnose you with having a seizure? Have you ever received a diagnosis of seizure? If the answer is "no," then there is no real evidence of seizure, other than a verbal report from you... and you didn't have a seizure, only DT. It should be a lot easier to get your licence back than if you really did have a seizure diagnosis. It looks like the doctor didn't do enough ground work before he reported it to MTO.


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PostPosted: Wed Feb 18, 2009 8:30 pm 
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Joined: Tue Feb 17, 2009 10:09 pm
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Location: Toronto
I appreciate all the replies to this post. That said I must clarify two things.

1. I have Never drunk and drive/drank and drive.

2. At the hospital I had a DT not a Seizure.

I will admit that I am intelligent in some areas but very stupid when it comes to other things.

It would be nice if I could find out how to get my license back like a frozen dinner. :lol: (a) do this (b) do that (c) do this.

I think I am going to have to talk to my doctor and the MTO. Hopefully, I can get my licence back without paying an arm and a leg and waiting too long.

Once again I read the responses and I appreciate it.

Brian


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PostPosted: Wed Feb 18, 2009 8:39 pm 
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Joined: Tue Feb 17, 2009 10:09 pm
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Location: Toronto
If anyone has any additional information to add I would be grateful. Keep them coming please


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PostPosted: Wed Feb 18, 2009 10:06 pm 
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Location: Guelph, Ontario
a) Go to your doctor, and ask him/her EXACTLY what s/he had sent to MTO. Be respectful! No need to yell, but firmly demand (you've got every right to!).
b) When he gives you what s/he had sent to MTO, ask him/her for any and all proof of any of it. S/He will have none.
c) Tell him/her to send a letter to MTO saying that s/he had sent the previous letter in error, and there really is no evidence that you might have a seizure. Ask for a copy.
d) Wait a week (or 2) for MTO to receive and process the letter. Then go to the MTO, bring your letter, and tell them that your license had been suspended/revoked (as the case may be) in error, and you have doctor's letter to proove it!
e) Wait to get a new license

_________________
"The more laws, the less justice" - Marcus Tullius Cicero
"The hardest thing to explain is the obvious"

www.OHTA.ca & www.OntarioHighwayTrafficAct.com


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