Ministry Interview

So I received a letter today saying that I need to meet with the Ministry to discuss my driving record. The standard 9 points interview letter. Currently, I have 4 points on my record, but I hit 9 in September (5 points expired that end of that month, and I got convicted of a 49 over which put me at 9). So what I'm trying to figure out is what happens at this meeting usually? Any info would be greatly appreciated.

I honestly have no idea how the meeting will go, but I hope you will share with us after it is done.

From what I've heard, the Ministry official will chastise you for your record (especially since, if I read your original post correctly, you had five points expire but managed to replace them with five new points). He or she may also ask you to justify why you should be allowed to keep your licence.

I went to one about 40 years ago.

You enter and the guy asks for your license, then asks you why you should get it back.

In my case I explained about getting a v8 car that was faster then I had been used to.

And as I could not afford any more tickets I would for sure go slower from now on.

In the next 40 years I have gotten only 1 speeding ticket so I guess the interview worked.

Cheers

Viper1

I have not looked thru the act on this myself, but just wondering where it says they can suspend your license at 9 points if they decide too?

8. (1) If a person who is a fully licensed driver in Ontario in one or more licence classes or a person who is not a resident of Ontario has 9, 10, 11, 12, 13 or 14 accumulated demerit points, the Registrar may require the person to attend an interview before a Ministry official and to provide information or other evidence to show cause why his or her drivers licence should not be suspended. O. Reg. 339/94, s. 8 (1).

(2) The Minister may suspend or cancel the persons drivers licence,

(a) if the person fails to attend the required interview; or

(b) if the person does not comply with the Ministrys requirements as a result of the interview; or

(c) if, in the Ministers opinion, the person has not shown cause at the interview why the licence should not be suspended. O. Reg. 339/94, s. 8 (2); O. Reg. 204/10, s. 4.https://www.ontario.ca/laws/regulation/940339

I attended one of these meetings 20 years ago. It was a humiliating experience. It was like driving school all over again.

There was a classroom environment with other 'bad' drivers from my area. We all learned about why we should stop driving like maniacs. It was really a rehab session for bad drivers.

If I recall correctly we all had to sign a document stating we would no longer behave so poorly on the roads but if we do we are entitled to the punishment that would come forthwith.

Suck up your humility and be humble. That's what I did.

BTW I never got another ticket for 20 years until recently. Maybe a little humiliation worked?

I have a question on the ministry interview.

Section 11(h) of the Charter of rights provides statutory protection to individuals by stating that any citizen shall not be tried or punished again for an offence where either an acquittal or guilty plea concluded the matter. In the case of a collection of HTA convictions, the matter has been determined and concluded. These matters would be res judicata at law and should not be utilized for further review.

Should the ministry suspend your license at this interview, how is that not a violation of the Charter of Rights and Freedoms?

Thats a good point.

They will probably argue something like the interview and possibility of suspension is in the statute so it is part of the same conviction. They could also argue that even if it violates the charter it is an acceptable violation under section 1 of the charter.

But if it was me and I got suspended, I would still go for a charter challenge anyways.

Unfortunately our unjustice system is setup so that you have to wait until somebody gets pissed off enough to do a charter challenge before things can be set right.

It actually isn't as bad as it sounds. I went in 15 mins prior to my meeting, had a seat. The MTO representative called me in, I sat down. It proceeded with numerous questions (How Many KM do I drive a year, Occupation, Do I need Glasses). After that, she asked how many offences I have outstanding which I told her, then she went through all of my offenses in the last 3 years and asked the reasoning behind them. Most of them I said I was being idiotic, young and stupid, but I am working on becoming better since driving is a privilege, not a right, and without this privilege, my life would be very inconvenient. She followed with an eye test and told me that I am on a deffered suspension, and that if I get any offence (not conviction) within the next 6 months, my license will be suspended for 21 days. Payed my $50 interview fee shortly after at Service Ontario and that was it.

UnluckyDuck wrote:

So I received a letter today saying that I need to meet with the Ministry to discuss my driving record. The standard 9 points interview letter. Currently, I have 4 points on my record, but I hit 9 in September (5 points expired that end of that month, and I got convicted of a 49 over which put me at 9). So what I'm trying to figure out is what happens at this meeting usually? Any info would be greatly appreciated.

The following is outside of my legal knowledge, but simply based upon feedback from clients and general knowledge of the MTO. Please read it as basic commonsense.

A MTO representative will discuss your driving history with you and will need to make a decision about what response, if any, is needed. Keep in mind that driving is not a right.

Generally, the result of an interview may be:

-No suspension, or conditions placed on the licence

-A condition placed on the licence, but no suspension

-A suspension of the driver's licence

The MTO representative is under no obligation to let you walk out of the interview with your driver's licence. If you show a pattern of poor driving behaviour and no intention to change that behaviour, you will likely have a poor result from your interview. However, if you are contrite and forthright about your previous driving behaviour and express a sincere intent to change that behaviour, you will likely have a better result.