Difference between revisions of "Driving While Prohibited"

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'''2. 24-hour prohibition'''
'''2. 24-hour prohibition'''
If you have care or control of a vehicle and the police have reasonable grounds to believe that your ability to drive is affected by alcohol or drugs, they may:
:If you have care or control of a vehicle and the police have reasonable grounds to believe that your ability to drive is affected by alcohol or drugs, they may:
require you to remove your vehicle from the road.
:*require you to remove your vehicle from the road.
require you to give them your driver’s licence.
:*require you to give them your driver’s licence.
give you notice of a 24-hour prohibition. The notice is a document.
:*give you notice of a 24-hour prohibition. The notice is a document.
impound your vehicle (have it towed) to prevent you from driving during the 24-hour prohibition.
:*impound your vehicle (have it towed) to prevent you from driving during the 24-hour prohibition.
If the police give you this prohibition without testing your breath, you can ask them to test your breath with an approved roadside-screening device (ASD). If your blood-alcohol level is not over 50 milligrams per 100 milliliters of blood, the police have to cancel the prohibition. But if your blood-alcohol level is over 50 milligrams, you face much more than a 24-hour prohibition – check script 190, called “Drinking and Driving”.


If the prohibition is because of alcohol, you can ask the Superintendent to review the prohibition. You have to do that in writing, within 7 days of getting the notice. The Superintendent can cancel the prohibition only in 2 cases: if you were not the driver or you did not have care or control of the vehicle or if the police failed to test your blood alcohol when you asked.
:If the police give you this prohibition without testing your breath, you can ask them to test your breath with an approved roadside-screening device (ASD). If your blood-alcohol level is not over 50 milligrams per 100 milliliters of blood, the police have to cancel the prohibition. But if your blood-alcohol level is over 50 milligrams, you face much more than a 24-hour prohibition – check script [Drinking and Driving (Script 190)|190], called “Drinking and Driving”.


12-hour roadside suspension
:If the prohibition is because of alcohol, you can ask the Superintendent to review the prohibition. You have to do that in writing, within 7 days of getting the notice. The Superintendent can cancel the prohibition only in 2 cases: if you were not the driver or you did not have care or control of the vehicle or if the police failed to test your blood alcohol when you asked.
 
'''3. 12-hour roadside suspension'''
A 12-hour suspension applies only to new drivers in the Graduated Licensing Program. As a driver in this program (as a Learner or Novice), if you have care or control of a motor vehicle and an ASD test shows you have any alcohol in your body, you receive an immediate 12-hour driving suspension. You also have to go back to the start of your 12-month (L) or 24-month (N) stage. And the Superintendent will automatically review your driving record and can give you more driving prohibitions if your record is unsatisfactory.
A 12-hour suspension applies only to new drivers in the Graduated Licensing Program. As a driver in this program (as a Learner or Novice), if you have care or control of a motor vehicle and an ASD test shows you have any alcohol in your body, you receive an immediate 12-hour driving suspension. You also have to go back to the start of your 12-month (L) or 24-month (N) stage. And the Superintendent will automatically review your driving record and can give you more driving prohibitions if your record is unsatisfactory.


If your blood-alcohol level is over 0.05, you face the same consequences as other drivers, plus go back to the start of your 12-month (L) or 24-month (N) stage. There is no review of a 12-hour roadside suspension.   
If your blood-alcohol level is over 0.05, you face the same consequences as other drivers, plus go back to the start of your 12-month (L) or 24-month (N) stage. There is no review of a 12-hour roadside suspension.   
Immediate roadside prohibition (IRP)
If you have care or control of a motor vehicle and the police reasonably suspect that you have alcohol or drugs in your body, they may demand that you blow into a hand-held breath-testing device at the side of the road. (Script 190 has more on this.)


If the device shows a “warn”, the police will:
'''4. Immediate roadside prohibition (IRP)'''
take your driver’s licence and give you a notice that you are prohibited from driving.
If you have care or control of a motor vehicle and the police reasonably suspect that you have alcohol or drugs in your body, they may demand that you blow into a hand-held breath-testing device at the side of the road. (Script[Drinking and Driving (Script 190)|190] has more on this.)
impound your vehicle for 3 clear days (not including weekends).
 
immediately prohibit you from driving for 3 clear days (longer for later incidents).
:If the device shows a “warn”, the police will:
For a second offense within 5 years, the driving prohibition and vehicle impoundment increase to 7 days. For a third offense within 5 years, the driving prohibition and vehicle impoundment increase to 30 days.  
:*take your driver’s licence and give you a notice that you are prohibited from driving.
:*impound your vehicle for 3 clear days (not including weekends).
:*immediately prohibit you from driving for 3 clear days (longer for later incidents).
 
:For a second offense within 5 years, the driving prohibition and vehicle impoundment increase to 7 days. For a third offense within 5 years, the driving prohibition and vehicle impoundment increase to 30 days.  


In all 3 cases, you also have to pay penalties and fees to get your license back, or reinstated. And in the third case, you have to enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more.  
:In all 3 cases, you also have to pay penalties and fees to get your license back, or reinstated. And in the third case, you have to enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more.  


If the device shows a “fail” or if you refuse to provide a breath sample, the police will:
:If the device shows a “fail” or if you refuse to provide a breath sample, the police will:
:*take your driver’s licence.
:*prohibit you from driving for 90 days.
:*impound your vehicle for 30 days.


take your driver’s licence.
:And you also have to pay a penalty and a license reinstatement fee, enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more. The police may also arrest you and take you to the police station for further breath testing.
prohibit you from driving for 90 days.
impound your vehicle for 30 days.
And you also have to pay a penalty and a license reinstatement fee, enroll in a responsible driver program and install an ignition interlock device in your vehicle. Both these things cost a lot more. The police may also arrest you and take you to the police station for further breath testing.


You can ask for a review of the prohibitions within 7 days. But the grounds for disputing the prohibition are very limited and most prohibitions are upheld. And usually, the prohibition will be over before the review is held.
:You can ask for a review of the prohibitions within 7 days. But the grounds for disputing the prohibition are very limited and most prohibitions are upheld. And usually, the prohibition will be over before the review is held.


Administrative Driving Prohibition (ADP)
'''5. Administrative Driving Prohibition (ADP)'''
If your blood alcohol content is over 0.08, or if you refuse to give a breath sample, police may give you a 90-day driving prohibition and charge you under theCriminal Code with impaired driving – if they don’t give you an IRP (see item 4 above).
If your blood alcohol content is over 0.08, or if you refuse to give a breath sample, police may give you a 90-day driving prohibition and charge you under theCriminal Code with impaired driving – if they don’t give you an IRP (see item 4 above).


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