The Highway Traffic Act requires drivers convicted of certain driving offences under the Criminal Code, including impaired driving offences (Impaired Driving, Excess Blood Alcohol, and Refuse Breath Sample), to serve driver’s licence suspensions as follows:
Drivers convicted for a first-time of an alcohol-impaired offence under the Criminal Code may be eligible to participate in the Reduced Suspension with Ignition Interlock Conduct Review Program. If accepted into the Program, eligible drivers will have their driver’s licence suspensions reduced (see below: Stream “A” v. Stream “B”).
An Ignition Interlock System is a device that requires the driver to provide a breath sample in order to operate the vehicle. If the device detects alcohol in the breath sample, the vehicle’s engine will not start. Ultimately, any information obtained through an inspection of the device may be forwarded to the Registrar of Motor Vehicles.
Drivers may be eligible for the Program if they meet the following requirements:
If the driver pleads guilty and is sentenced within 90 days of the offence date, then the driver is eligible for Stream “A” of the ignition interlock program. Under Stream “A”, participants are subject to a 3 month absolute driving prohibition, followed by a 9 month period where they are permitted to drive a vehicle with an approved ignition interlock device. Please note, the minimum periods may be elevated by the presiding sentencing judge.
If the driver pleads guilty or is found guilty later than 90 days after the offence date, and otherwise meets the requirements of the Program, then they will be eligible for Stream “B”. Under Stream “B”, participants are subject to a minimum 6 month absolute driving prohibition, followed by a 12 month period where they are permitted to drive a vehicle with an approved ignition interlock device. Please note, the minimum periods may be elevated by the presiding sentencing judge.
Given Stream “A” is predicated upon a guilty plea, it may not be the right fit for every individual. The guilty plea will result in a criminal record, and there a number of associated negative implications.
At Passi & Patel, our criminal defence lawyers in Mississauga, Milton, and Brampton understand legal issues can be stressful. Please call us at 905-459-0004 or e-mail us at info@passipatel.com to schedule a free consultation.
At Passi & Patel, our criminal defence lawyers in Brampton, Milton, and Mississauga understand legal issues can be stressful. Please call us at 905-459-0004 or e-mail us at info@passipatel.com to schedule a free consultation.