Driving While Prohibited: Difference between revisions
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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 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 [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. | ||
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. | |||
: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. | |||
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). | ||
