Defending a license suspension
In Ottawa, your drivers’ licence can be suspended for 90 days at the roadside as a result of being charged with several impaired driving related offences.
The Ontario Highway Traffic Act provides for this administrative driver’s licence suspension (ADLS) prior to the disposition of your criminal case.
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 charging you with:
- Refusing to take a breath test
- Driving with 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
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.
Can you get back on the road?
Once you are charged with an impaired driving offence or a related offence, a conviction carries the mandatory penalty of a further one year driving prohibition.
That means in order to ensure that you receive your license after the initial 90 day suspension, you either need your case to be withdrawn before it goes to trial or be acquitted at trial.
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 in order to secure a conviction and secure a further one year driving prohibition against you.
How will we defend you?
Our team of experienced criminal defence lawyers understand the legal and technical opportunities that can lead to your case being withdrawn or for you to be acquitted at a trial. We understand the steps required to challenge the evidence against you, if it is flawed or inconsistent.
The possible defences available to you 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 our consultation with you, we will analyze all the evidence against you.
It’s vital 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 long term consequences.
Conspiracy to traffic 10+ kg cocaine
Impaired driving, Over 80
Possession of a prohibited firearm with readily accessible ammunition
Child pornography cases
Possession and importation of child pornography
Domestic Assault Charges
Domestic assault causing bodily harm
Fraud/White collar charges
All Charges Were Stayed
Fady took very good care of me, keeping my best interest in mind and supported me throughout the process. I am very thankful for his help and would absolutely recommend this office and specifically Mr. Mansour.
Excellent and precise communications skills. Very clear on what my position was, what the legal actions available were, and what his strategy would be to address the situation. And precise execution. He assured me of my rights and position every step of the way. Made me feel totally comfortable with my rights, and let me continue with my life. Highly recommended.
Fady recently represented me in a legal matter during one of the most difficult periods of my life. From the onset, Fady was professional, supportive and reassured me that he would do all he could to ensure a positive outcome, which was achieved. Thank you to Fady and team for your hard work and support!
Solomon is an excellent Lawyer, top in the field of firearms legislation. Would definitely invest time and money for his expertise. Thank you Solomon for first, taking my case and second, supporting a injured veteran.
The night I was charged with assault after a night out drinking was the worst night of my life. As a police officer, an off duty assault conviction would have jeopardized my career. I have worked closely with lawyers my entire nine year career. Either directly with Crown on a case or through cross-examination by defence counsel and after a few minutes of speaking with Solomon shortly after my arrest I knew his knowledge and ability to articulate legal principles were unmatched. He spent nearly an hour on the phone with me gathering facts and providing clear instructions. Throughout the process he kept me updated as to what was going on and I was extremely impressed with his handling of my case. Solomon did his homework on the accusers and witnesses and prepared an unbelievable defence which ultimately led to the charge being dropped on the first day of trial and allowing me to continue my career as a police officer. I’d recommend Solomon to anybody who is in need of expert legal defence.