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Drinking and Driving in Ontario 101. Consequences for Drivers Charged/convicted of Impaired Driving Offences. Drinking and Driving in Ontario 101. Prepared by Ontario Community Council on Impaired Driving for Apolnet, to Accompany Drinking and Driving 101* November 10 th 2004
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Drinking and Driving in Ontario 101 Consequences for Drivers Charged/convicted of Impaired Driving Offences
Drinking and Driving in Ontario 101 Prepared by Ontario Community Council on Impaired Driving for Apolnet, to Accompany Drinking and Driving 101* November 10th 2004 *(Not Designed As a Stand Alone Presentation)
Highway Traffic Act (HTA) • Implements administrative responses and consequences to criminal code offences with regard to impaired driving • Determines and applies sanctions for impaired driving on road safety grounds separate from the Canadian Criminal Code (but usually triggered by same)
Administrative Sanctions • Drivers who register a warn on a roadside screening device are immediately suspended from driving for 12 hours • In 1995 the province implemented ADLS (administrative driver licence suspension): drivers charged with “over 80” or “refuse to provide a breath sample” are immediately suspended from driving for 90 days
Convicted Impaired Drivers Face (Federal Sanctions): • 1st offence • One-year driving prohibition, $600.00 fine • 2nd offence • Two-year driving prohibition, 14 days in jail, no minimum fine • 3rd offence • Three-year driving prohibition, 90 days in jail, no minimum fine
In Ontario All Convicted Impaired Drivers Face: • 1st offence - one-year licence suspension • 2nd offence* - three-year licence suspension • 3rd offence - lifetime licence suspension** * Look back period for previous offences in Ontario is 10 years, took full effective November 30th 2003 * *Reducible to ten years if certain conditions are met • In order to drive again in Ontario, there are several conditions . . .
In Ontario All Convicted Impaired Drivers Face: Before being licensed again . . . • Assessment for alcohol use, streaming into education or treatment program • Must complete Back on Track (program), user pay $475 + GST • Ignition interlock as driving restriction, user pay - about $1350 annually • (One-year minimum for 1st offence, three-year minimum for 2nd offence, earn your way off)
Consequences for Disobeying Sanctions • Since 1999 drivers caught driving while suspended for a criminal code offence have the vehicle they are driving impounded for 45 days at their expense • An average 100 vehicles per month in Ontario are impounded (since February 1999) • Expense up to $1,100 for towing and storage • Longer periods for repeat offence • Other fines are applied as well
Other consequences • Increase to insurance by a MINIMUM of $5,000 per year for each of three years • May mean not driving in workplace for two years • Reinstatement fee to MTO ($100)