Suspended Drivers Flashcards
(25 cards)
What are the methods of service of a suspension?
(1) not served (serve and advise) - charge POT
(2) deemed served (reg mail) - confirm suspension before laying charge
(3) court caution - Require certified copy from MTO
(4) served personally (PO)
Out of Province Suspension
HTA s. 35(5) permit seizing DL from any province or US state
MTO not requiring return of DL for suspended medical
Explain 3, 7, 30 day suspensions for regular drivers….
(1) on a warn or alert on ASD
or
(2) 50mg - 79mg/100ml on intoxilyzer
1st time = 3 day
2nd time = 7 day
3rd time = 30 day + 6 mnth ignition interlock device + medical
NOTE: The 3 incidents must occur within a 5 year period
Explain 3, 7, and 30 day suspensions for Novice drivers
(1) 10mg to 49mg
(2) suspended
1st time = 3 days
2nd time = 7 days
3rd time = 30 days
within a 5 year period
Warn or fail same as regular driver
Same for drugs
What is a Young driver?
under 22 years old
Explain 3, 7, 30 day suspensions for young drivers?
(1) 10mg to 49mg
(2) suspended
1st time = 3 days
2nd time = 7 days
3rd time = 30 days
warn/fail same as regular driver
Same for drugs
Suspensions regarding commercial drivers alcohol or drugs
(1) Zero tolerance - no drugs or alcohol
(2) results in 3 day suspension
(3) drivers have class A-F drivers licence, vehicles require CVOR; includes road building machines
When does a 90 day administrative drivers licence suspension (ADLS) apply?
(1) PO charged driver
(2) operation 80 and above (breath or blood) or
(3) failure or refusal to comply
(4) PO charged driver
(5) operate while impaired by drug or drug and alcohol, and
(6) evaluated by DRE officer
NOTE: suspension and impound of vehicle can be ANYWHERE!!
7 day vehicle impoundment. If you suspend for 90 days, you SHALL impound vehicle for 7 days under what circumstances?
(1) charge with operation 80 above (breath tech)
(2) refuse lawful demand
(3) charged with impaired by drug or by combo of drug and alcohol (eval by DRE)
What are the impound exceptions?
(1) Commercial motor vehicle over 4500kg
(2) suspen0ded HTA - excluding unpaid fines/medical
(3) suspension must have been in effect for 100 days
(4) 7 day impoundment
s. 320.18(1) Prohibited Operation
Prohibition
(1) prohibited from operating a motor vehicle
(2) as a result of a criminal code driving conviction
or
(3) suspended by a province for a criminal code driving conviction
Exception to Prohibited Operation
(1) registered in an alcohol ignition interlocking device program
(2) they comply with conditions of program
Where does the offence of operation while prohibited have to occur?
Motor vehicle….which applies to operation on a street, road or highway or in any public place
What is the definition of a public place?
Where the general public has access
R. v. Maxwell - Public Place means what?
(1) motor vehicle can be driven
(2) pubic has access as a right
(3) reasonably anticipated MV will come into close contact with other MV or pedestrians
Must always look at the original offence that led to suspension or prohibition when deciding on proper charge…
Criminal Code conviction is reason for suspension = Operate while prohibited s.320.18
Provincial matter is reason for suspension = drive while suspended HTA 53
Criminal Code gives each province the authority to add additional penalties to the CC penalties…
Example:
(1) CC conviction = 1 year prohibition via criminal court
(2) Ontario adds additional 1 year suspension and in some case programs such as ignition interlock
After looking at the CPIC message, what questions do you need to answer prior to considering a charge?
(1) Is the suspension/prohibition confirmed? (yes/no)
(2) were they served notice, if so how? (mail, court or personal)
(3) where can’t they drive? (highway, street, road, public place)
(4) why can’t they drive? (HTA MV or CC conveyance - incl. MV)
(5) is the date valid? (yes/no)
When must a NOTICE OF INTENT be produced as documentary evidence in court?
When:
Operate while prohibited charges (s. 320.32 CC)
When not:
Drive while under suspension (s. 53 HTA)
When would you - 45 Day Vehicle Impoundment Program (Long-Term VIP)?
PO finding:
(1) person driving
(2) MV on highway (HTA)
(3) while under suspension HTA (as a result of CC conviction)
(4) SHALL detain MV
VIP only applies to offences on highway
What are the impound periods for MV driven by prohibited driver?
(1) 1st offence 45 days
(2) 2nd offence (within 2yrs) 90 days
(3) subsequent offence (within 2 yrs) 180 days
NOTE: 2nd and subsequent orders relate to vehicle owner, not just driver!
Ignition Interlock - What does this mean to you and your licence?
(1) May get your drivers licence back earlier
(2) You have to apply to the program (HTS s. 57)
(3) Condition of reinstatement
(4) after suspension under s. 57 HTS
(5) for CC convictions (Prohibited from driving MV not equipped with ignition interlock
(6) “I” condition added to licence
What are the 3 venues for Ignition Interlock?
(1) Plead guilty early - 3 month prob/9 months interlock (Stream A)
(2) if do not qualify for (1), then - 6 month prob/6 month interlock (Stream B)
(3) if do not qualify for 2, then - court determined prob/and balance 1 year interlock (Stream C)
If refused - 1 year prob/1 year suspension
If found operating without ignition interlock, what offence?
(1) Charge operate while prohibited s. 320.18(1) CC, not HTA offence
(2) long term impoundment program also applies (45, 90, 180 days)
