mto medical suspension alcohol

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ed t
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mto medical suspension alcohol

by: ed t on
Thu Jul 30, 2009 7:52 pm

would anyone have any experience or knowledge in this area?
PART 1:
first let me admit that i have not been a perfect angel and alcohol has been part of my life.my abstract is at 0 points and never in the past
have there been driving incidents with alcohol.even if i have one sip. i will and have not driven.
and yes i have gone to an alcohol rehabilitation program.
the clock ticks by and i find myself in the oakville trafalgar hospital.i have atrial fibrillation.and yes i had alcohol on my breath as i drank to fall asleep,i had fluid in my lungs and had not slept in 3 days[shortness of breath].
after a few months i'm home and my daughter at home informed me my license was suspendedand she had thrown out all documentation.long story,short.license suspended for alcohol.no lawyer, no trial, no defense, no opportunity to object.this was all done by the doctor and the mto,without any input from myself.for your license to be pulled,all the doctor has to do is mark an x on the medical report.that's it.no,further proof needed.in my case the doctor lied and said that a consultation took place and i was aware of this medical report.this i got under the freedom of information act.not true.how do i know the doctor lied, i was there.and to be sure i have a copy of the doctors notes.but you know what, it doesn't matter to the mto.

if you think i'm being a jerk for drinking. i pray that not one of you or your loved ones has to go through this affliction.
ps, i have not drank since last november

PART2:should you want to know about jumping through hoops.if we make it that far and if there is one interested person, i'll make that post


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Radar Identified
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by: Radar Identified on
Thu Jul 30, 2009 8:21 pm

This website may be useful. It explains the process of medical suspensions of your driver license and, more importantly, a bit about how to get it back.

http://www.ppao.gov.on.ca/inf-dri.html

The key thing is that you can appeal your license suspension. The province has a Licence Appeal Tribunal for reasons like this. Call them at 1-800-255-2214, or visit their website at www.lat.gov.on.ca That might help. While I'm not entirely familiar with the process (I've never had a license suspension), I'd suggest getting a doctor who has experience with the issues you're facing to sign off that you're fit to drive. If you can show them that the doctor who reported you goofed, I think that would help too.

EDIT: Fixed link.
Last edited by Radar Identified on Thu Jul 30, 2009 11:19 pm, edited 1 time in total.


ed t
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by: ed t on
Thu Jul 30, 2009 8:59 pm

thankyou for your response.good site, been there.
partial hoop.had not seen my family doctor in over 10 years.so i am considered a non patient by her.have known my walk in clinic doctor for about 7 years, nice guy.walk in doctors, are not allowed to file a medical report.has to be a family doctor.so i get one,since i cannot work because of no license,i receive ow. i ask if he would sign a cardio diet form twice.well you should of seen the look on his face and he handed me back the papers and said no.this was the same type of response [with a look of disdain] asking for a mto medical report,no.we' will get into mto protocol tomorrow if i may.

thankyou,

ed t


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hwybear
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by: hwybear on
Thu Jul 30, 2009 9:07 pm

Radar Identified wrote:. The province has a Licence Appeal Tribunal for reasons like this. Call them at 1-800-255-2214, or visit their website at www.lat.gov.on.ca. That might help
.
RI - that link did not work ??
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: Radar Identified on
Thu Jul 30, 2009 11:21 pm

hwybear wrote:RI - that link did not work ??
It does now. My fault, should've cut-and-pasted the link from the address bar instead of typing it out. :oops:


ricknu
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by: ricknu on
Sat Nov 16, 2013 11:49 am

after a few months i'm home and my daughter at home informed me my license was suspendedand she had thrown out all documentation.long story,short.license suspended for alcohol.no lawyer, no trial, no defense, no opportunity to object.this was all done by the doctor and the mto,without any input from myself.for your license to be pulled,all the doctor has to do is mark an x on the medical report.that's it.no,further proof needed.in my case the doctor lied and said that a consultation took place and i was aware of this medical report.this i got under the freedom of information act.not true.how do i know the doctor lied, i was there.and to be sure i have a copy of the doctors notes.but you know what, it doesn't matter to the mto.

if you think i'm being a jerk for drinking. i pray that not one of you or your loved ones has to go through this affliction.
ps, i have not drank since last November.
Well the answer is quite simple. The medical community (including doctors and hospital administration) has not been given any mandated guidelines to be followed when reporting incidences of alcohol dependence. Now license suspensions with a minimum duration of six weeks is a serious matter. Instead it is being treated with a very cavalier attitude by the Ministry. Doctors in emergency need not even see the patient to make this declaration (Incidentally this is true as I personally know of one other case where the circumstances match those described above.) Now you may be asking is the Ministry not risking creating a condition of blatant disregard for an individual's rights under the Constitution. Well you are forgetting one thing. Driving has been conveniently, for the powers that be, defined as a privilege rather than a right. This is why pains are taken to declare this as an "Administrative Suspension". This conveniently pulls an end run around Charter rights. Otherwise this would definitely be grounds for a challenge. And this tribunal thing simply creates further delay.

Now when an individual has been given a diagnosis of alcohol dependency without ever seeing the doctor who gave it he/she will receive a notice of license suspension and a rather lengthy questionnaire to be completed by a doctor. The individual is told that his/her drivers license is to be surrendered to a Service Ontario Office. Now this questionnaire is the real process through which alcohol dependency is to be determined, including the SFST, questionnaires (a couple of which seem to force the assumption that you are at present still consuming) along with a physical, including tests for blood and urine. Incidentally the introduction must be read carefully as it is easy to mistake your options as either a year of abstinence or enrollment in rehab. Make sure that you immediately completely quit after the first diagnosis in the hospital. A couple of weeks will elapse before receiving documentation and perhaps a couple more before you can get to see a physician. Remain firm in your resolve to quit. Don't be a hypocrite. A tip: If you have truly abstained for, let's say a month, and are truly resolved that, for you, drinking is ended and you come upon the multiple choice question, "How often do you have a drink containing alcohol?" a spokesperson on the Ministry information hotline has suggested that you may use the choice answer "never."

If by doing this your physician is satisfied that you do not have a condition of dependence then he/she will sign off to that effect. The alternatives are failure and rehab then abstention for a year before seeing your license again. Ask then that the forms be faxed immediately, if possible, to the medical suspension board. It will then take between 3 to 6 weeks for your driving privileges to be restored. Note, however, that a year after the suspension the ministry may require further testing, perhaps a breathalyzer.

So this is for real. Just because the ministry behaves without scruples doesn't mean that you have the right to. If you have, in conjunction, with your physician, determined that this is a closed chapter in your life then remain faithful to that. If you find you may have a relapse then take rehab or simply take the bus from that point. Default on that, then don't come here looking for sympathy. Best of luck.


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