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Ontario Highway Traffic Act

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Suspended license duration and appeal
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PostPosted: Wed Dec 11, 2013 5:29 pm 
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Newbie

Joined: Wed Dec 11, 2013 5:20 pm
Posts: 2
My license was suspended for 3 days for being in the warning level for alcohol intoxication.
- How long will this be visible on my drivers abstract?
- How can I appeal this as my job depends on my license?


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Re: Suspended license duration and appeal
PostPosted: Wed Dec 11, 2013 6:01 pm 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
There is no appeal process. The section states " there is no appeal from, or right to be heard before, the suspension of a driver’s licence under this section". While I suspect this denial of appeal could be challenged under the Charter in Court, that would be a very drawn out process that would take much longer then the suspension itself. Your only option is to request a retest with a different device at the time of the stop. Obviously though unless you're posting this at the side of the road, it's too late for that option.

Quote:
Where an analysis of the breath of a person is made under subsection (2) and registers “Warn” or “Alert” or otherwise indicates that the concentration of alcohol in the person’s blood is 50 milligrams or more of alcohol in 100 millilitres of blood, the person may require that a second analysis be performed if the person requests the second analysis immediately after the police officer requests the surrender of his or her licence under subsection (2)

The suspension will stay on your abstract permanently.


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