In Ottawa, your drivers’ licence can be suspended for 90 days at the roadside at the behest of police offers who stop you.
The Ontario Highway Traffic Act provides for this. It is officially called an administrative driver’s licence suspension (ADLS).
The decision will be made at the discretion of the police officer and before you have an opportunity to consult your lawyer or to fight any charges in court.
In Canada like in most developed countries, people rely on the ability to drive to work and to carry out their employment duties, as well as to provide transportation for loved ones.
Any interruption to this can become a serious impediment to leading a normal life.
That’s why it’s so important to find a lawyer who can challenge the driver’s licence suspension and associated charges.
Powerful Defence if your Driver’s Licence is Suspended
How can your driving licence be suspended in Ottawa?
Police officers can invoke a 90-day administrative driver’s licence suspension as a result of:
- Refusal to take a breath test
- A Blood Alcohol Concentration (BAC) of 80 milligrams in 100 milliliters of blood (.08) or higher
- Failure to provide a blood, oral fluid or urine sample when asked by police
- Failure or refusal to perform physical co-ordination tests or submit to a drug evaluation when required by police
In addition to losing your licence, you will be subject to:
- Criminal charges
- A fine at the time of suspension
In the days following the incident, if you are caught driving without a licence or while under suspension, the consequences will be even more serious.
Suspension of your licence may not always seem like a fair punishment, based upon the “innocent until proven guilty” outlook and the effects that the suspension can have on everyday life.
What can you do about it?
Can you get back on the road?
With the aid of an experienced driving charge lawyer, it is possible to have your driving licence suspension revoked and to get back on the road. The best way of doing that is to successfully defend the criminal charges against you. That means either getting your case dismissed before it goes to trial or winning the case at trial and earning an acquittal. This is possible with an experienced lawyer who understands the technical requirements to convict you of a driving offence where alcohol or drugs are involved.
There are many technical elements of such cases that the prosecution must address with 100 percent accuracy in order to secure a conviction and maintain your driving licence suspension.
Because of the high burden of proof, an experienced lawyer provides you with a chance of being back on the road sooner rather than later.
How will we defend you?
As one of the most highly respected criminal defence firms in Ottawa, we understand the legal and technical opportunities that can lead to case dismissal or acquittal.
We also understand the steps required to challenge the evidence against you, if it is flawed or inconsistent.
Possible defences include
- The demand to take a breath test was not lawful: police did not meet their obligations when asking for a sample
- The breathalyzer machine was not working properly
- You have a medical condition that prevents you from blowing hard enough to give a sample
During consultation with you, we will analyze all the evidence against you.
We usually only recommend pleading guilty if there is no other option. In most cases, we will go to trial if we cannot achieve case dismissal.
It’s so important to consult with a lawyer if you are charged with a criminal offence and lose your licence.
The licence suspension may have a severe short-term impact but a criminal conviction can have even more serious longer-term consequences.
Putting forward the best defence possible is your best chance of avoiding these.