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Ontario Highway Traffic Act

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Am I suspended?
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PostPosted: Sat Oct 10, 2009 3:21 pm 
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If anyone can answer this I would greatly appreciate it.
Friday morning I checked my mail and received a letter from the MTO stating that under section 47(1) of the HTA the Registrar of Motor Vehicles has decided to suspend my driving privilege for medical reasons. This was due to a report submitted by a physician in compliance with section 203 of the HTA. Enclosed with that letter were forms to be complteded by my doctor which included some questions and required both blood and urine tests. It also states than an offical notice of suspension will be mailed under seperate cover. My question is, am I officially suspended? Or when I get the other letter? It's a long weekend and want to drive and may not get the other letter till next week. I've checked certain websites and some say the letter will arrive as registered mail and others say they might wait till getting the results of my tests whether to officially suspend or not.
What led up to this? Well back in the summer I was having trouble sleeping and my doctor prescribed Ativan. In July I stopped taking it as I was waking up groggy and not feeling myself. My wife suggested something more natural or herbal so we bought Melatonin from the local store that deal with those. I found it took a while to work, or did not work at all and one evening I took two to help me relax. This was around 7 p.m .What I did not know was that Melatonin can raise your blood pressure ( of which I have high blood pressure) and felt like my head was going to pop off. I took one of my pressure pills and decided to take a swim in my pool. After about an hour or so I felt a little better, got out of the pool, lit a fire in my pit,sat down, and poured myself a drink. Next thing I know, I wake up in the hospital. Apparently the combination the the three blacked me out. As soon as I opened my eyes they said I could go and my wife drove me home. Stayed away from the alcohol and pills afterwards.
Incident number two. After living on the same street for over twenty years we were moving in mid August. A few days before we were to move some of my neighbors invited me over for drinks and a final send off. Walked home, went to bed, everything fine except I didn't sleep well. Next morning I said to my wife I didn't feel well and took a cab to the emergency and the local hospital. Doc was not very pleasant. I asked him for something to help me sleep and he told me this wasn't a place just to come and sleep. They took blood, gave me some IV and then gave me something to help me sleep when I got home. I got up to ask for water and the Doc was rude and told me to go back to my bed. I did as I was told and waited for a nurse to get me some water. All of a sudden this case worker of some sort comes by and asks me if I had a drinkning problem. I said no as I don't. The doc had called for a psychiatrist to see me who said I smelled of alcohol and wrote me a script for a few pills to help me sleep if needed. I was there in total for maybe 4-5 hours.
Again, this all happend in mid August and I get this letter which references the August visit. Since the day before I went to the emergency I haven't had a drink as I don't like the way it makes me feel. I went to my doctor first thing Friday morning for the blood and urine test. I know I wrote a lot here and it may look as if I were vying for a Pulitzer prize but I just wanted to let you know the history behind this.


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PostPosted: Sat Oct 10, 2009 5:12 pm 
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Was that your doctor who sent the letter to MTO or the hospital doctor who knows nothing about you? You have a good chance of trying to give your won family doctor a call and talk this over.

Now, any police officer can check in their vehicle if your license is valid.

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"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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To racer
PostPosted: Sat Oct 10, 2009 5:22 pm 
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It was the hospital doc that sent it in. My worry is getting pulled over and being charged for driving while under suspension. My own doc knows me for over 18 years and I see him every other month for my blood pressure and he knows I'm not an alcoholic. It was he that I went to Friday morning for the tests.


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PostPosted: Sat Oct 10, 2009 5:26 pm 
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Again, just to avoid any confusion, you may want to give the local police station a call. They can check if the suspension is in the system now.

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"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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to racer
PostPosted: Sat Oct 10, 2009 5:28 pm 
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Does the official suspension come via registered mail? It stated than an official suspension would follow.


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Am I?
PostPosted: Sun Oct 11, 2009 11:29 am 
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Thank you both for your responses. I guess I will have to wait and see if anything arrives by mail or registered mail advising me if I am suspended or not. One site with a forum similar to this that I visited had a letter from an individual that stated that a person is not suspended until they recieve official notice via registered mail. Another stated that they may wait for my test results and questionaire from my doctor. But I am unsure as to the validity to those statements. I just find this whole situation as an unfair procedure. As far as I know, and based on my personal doctors reaction, no one tried to contact him. He opened my folder in front of me, showed me that nothing had been sent to him from the hospital or the MTO in regards to this.He told me my blood and urine results should be back by Tuesday or Wednesday. The MTO site said to fax the forms back for a faster response and it will again be reviewed by their medical review people. The other thing is too, is that I had minor day surgery for an unrelated matter at the same hospital at the start of September and underwent a pre-op blood work and ultrasound. All results came back fine. I'm sure that if there was any negative results my surgeon would have cancelled my surgery. One other thing that befuddles me is that we moved and I just received my new license about two weeks ago. I know one may have nothing to do with the other but it still makes me wonder that if the MTO felt I was not able to drive, why would they send it to me?


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To Greatest Canadian
PostPosted: Sun Oct 11, 2009 8:06 pm 
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Again, thanks for taking the time to reply to my questions. Yes, this may be a witch hunt as you stated. When I went to see my surgeon at his office to make my pre-op appointment for the required tests before surgery, I had mentioned to him that I had been in the emergency at the hospital and the attending doctor was a bit of an arse towards me. He, working out of and performng surgery at the same hospital said, " Yeah I heard, he told me". I guess this was due to the fact that I had told the attending my surgeon's name and that I was to undergo day surgery there in a few weeks. Maybe they're buddies and maybe not. Who knows? But the fact remains that I may get an " official" notice suspending my license. You were correct in stating that this was an alcohol related manner. But there are other things that bother me. Here I was, not feeling well, went to get help, not charged with anything , and I'm in this position. The psychiatrist that saw me spent maybe a whole 90 seconds with me. His statement to me that I smelt of alcohol may have been from all his years in school to come to that conclusion. He was correct, but that was part of the reason I was there to begin with, albeit for maybe 4-5 hours. Hopefully the MTO will wait for the results of my tests and the form to be filled out by my personal doctor and not suspend my driving priveledges. If they do suspend me, what am I to tell my teenage children? God forbid if you don't feel well for any reason don't seek help? This is not a good lesson but I will be truthful to them and tell them that this may be an isolated incident with the MTO and always seek help when needed. You were also correct in your statement of those who have been charged with alcohol related matters and those that are alcoholics and are still driving. One of the things that is going through my mind is if they do decide to suspend me and I send in my results, how long would it take to reaquire my license? Days? Weeks? Months? The MTO should be able to see my record. The only ticket I have received in the last 20 years was about 3 years ago for driving a 1965 classic car back from a car show without a front plate that had been removed for the show. I got this about 3 blocks from my house and he would not let me drive there and put it back on. I will just have to wait and see what happens now. Do you really think that I am not officially suspended although the letter that came with the forms stated that they had decided to suspend my driving priveledges as I stated above in an earler post but an official notice will follow?


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PostPosted: Sun Oct 11, 2009 10:14 pm 
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Just found this.

They serve your personally or by regular mail.

You fall under s. 52 (2) so you are only considered notified that you are suspended (if you really are) after the 7th day. You could not tell a cop you received the notice yesterday and are not suspended until the 7th day, though. You're suspended as soon as you get the notice or, on the 7th day after mailing, unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice.


Quote:

Service of notice of licence suspension

52. (1) Where a person’s driver’s licence is suspended, notice of the suspension is sufficiently given if delivered personally or,

(a) in the case of a suspension under section 41 or 42, sent by registered mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry;

(b) in the case of all other suspensions, sent by mail addressed to the person to whom the licence was issued at the latest current address of the person appearing on the records of the Ministry. 2000, c. 26, Sched. O, s. 4.

Deemed date of service

(2) Notice sent by registered mail under clause (1) (a) or by mail under clause (1) (b) shall be deemed to have been given on the seventh day after the mailing unless the person to whom the notice is sent establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice.



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To Greatest Canadian
PostPosted: Mon Oct 12, 2009 12:56 pm 
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Of which notice then? The one that came with the forms or the official one that is to follow? The unfortunate thing, and I beleieve you to be correct in all your previous statements and quotes of the act, is that I am essentially at their mercy. To fight them right now, based on my situation, may result in my going without a license ( if and when it is suspended) for a longer period of time. The tribunal for appeal alone can take over thirty days till who knows when. I wonder if people who actually work for the MTO visit this site. If they do, do they respond, or just shake their heads thinkng people don't know what they're talking about? Thanks again.


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PostPosted: Mon Oct 12, 2009 7:47 pm 
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The ER/Hospital Doctor can contact the MTO and they can suspend your license IF you are UNFIT TO DRIVE!

There is no legality to it, nor can you sue them as suggested by GC.

Suppose you have a stroke, heart attack, epilepsy attack, have alcoholism/drug problem, and you go to the ER or hospital in a bad condition. The Doctors or Nurses that attended you can and probably will contact the MTO and tell them your condition is not stable to drive. Your Family Doctor is not required in this process either.

I have one friend who had a mild epileptic seizure and was taken to the ER, and they told the MTO his condition and his license was suspended. You don't want this guy driving around and crashing into you while he's having a seizure do you?

My Dad 4 years ago had a mild stroke, and he was taken to the ER, and the Doctor that saw him, later contacted the MTO and advised them my Dad is not in a suitable condition to drive. Hence, his license was suspended for 6 months or until his health got better and is fit to drive.

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PostPosted: Mon Oct 12, 2009 9:10 pm 
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Greatest Canadian wrote:
We're dealing with an alcohol issue here, not medical. The OP did not drive to the hosiptal while impaired. He was taken there.


An "alcohol issue" doesn't exist, its called alcoholism. Drinking too much is a medical issue.


Greatest Canadian wrote:
The HTA articulates you cannot sue a doctor who submits anything to the MOT.

I never suggested suing the doctor.

The MOT employees are not protected by any provision of the HTA when they do not act in good faith.

They have no grounds or evidence to suspend his licence.



You can not sue the MTO either, because that is a government regulating body that gives you a license. You must be Fit to drive. You must be able to see, hear, be sober, alert, not drunk, not on drugs and other protective guidelines.

Here's an example:

The doctor's JOB is to protect you and heal you right? If you tell a doctor your going to kill yourself or hurt yourself or another in some way, they will call the cops!

So, then if the cops come and arrest you, can you sue the cops for arresting you based on what the doctor told them?

The answer is NO! The cops have the right to suspect you and arrest you based on what your Doctors opinion is about YOU!

Same goes for the MTO. They will listen to your Doctors advice, because its the best thing to do for your safety and the Public's safety.

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PostPosted: Mon Oct 12, 2009 10:06 pm 
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GC, there is no merit to your postings.

Its called Discretion. MTO is legally allowed to take discretion over WHO they issue licenses to!

Driving is not a Right, its a privilege! Its not a contract either; there is no binding agreement for any specified period that says you can or can not drive. you don't pay to drive, nor do you get paid to drive. Its not a contract! There is no business involved here.

You must earn your Right to drive. You must be 16+ years of age, pass a written exam and road test exam. Then you must get insurance and you must comply to the MTO and OHTA rules and guidelines.

You must also be Fit to drive, physically and mentally!

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thanks
PostPosted: Tue Oct 13, 2009 10:37 am 
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Thank you everyone for your input and replies. I checked the mail again this morning and nothing has come in so far. I will check with my doctors office to see if the results from my tests have arrived and if so, fax them off right away. No one has yet answered that if the MTO is satisfied with the results, and if my license is susepnded, how long does reinstatement take?


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Re: thanks
PostPosted: Tue Oct 13, 2009 3:31 pm 
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puzzled wrote:
Thank you everyone for your input and replies. I checked the mail again this morning and nothing has come in so far. I will check with my doctors office to see if the results from my tests have arrived and if so, fax them off right away. No one has yet answered that if the MTO is satisfied with the results, and if my license is susepnded, how long does reinstatement take?


Depends on your doctor.....

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MTO
PostPosted: Tue Oct 13, 2009 6:01 pm 
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Well, checked the mail again just after noon and there it was. The letter I didn't want to arrive. It stated that due a a medical reason my license will be suspended on the 15th. Went by my doctors office to see if my results came back. They did and he told his receptionist to tell me to come back in the morning to get my copies as he was running behind. So' I'll fax them over in the a.m after I get them and see how fast I get reinstated. The letter did say " You driver's license will be reistated when you file a satisfactory medical report."


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