Many people do not realize the impact that a traffic ticket can have on their driving record. A Novice or Learner driver, in particular, is at a great risk for having a license suspension with even one driving infraction.
The Office of the Superintendent of Motor Vehicles has the power to suspend the driver’s license of any person if it is of the opinion that the driving record is unsatisfactory and a prohibition is in the public interest. This broad power is to be used at the discretion of the Superintendent. This means that any time you receive a conviction for a traffic violation on your driving record, your file may be marked for review and you may receive a Notice of Intent to Prohibit or Notice of Prohibition.
Certain traffic violations inevitably trigger a prohibition. For example, all Class 7 drivers receive an automatic driving prohibition after they are issued a 12 or 24 hour suspension for alcohol.
In many cases this is problematic. Although a driver may not have enough alcohol in his or her blood to register a “WARN” on an Approved Screening Device, the Superintendent still issues a lengthy prohibition. Although these drivers allegedly have a lower blood alcohol reading, they are given a lengthy, harsher punishment.
Moreover, the ASD is being used to form the basis for a punishment. And not just one punishment, in the case of N drivers, but two — the 12-hour prohibition and the 3-month suspension. Our feelings on the use of the ASD to trigger punishment are quite clear: it is a Charter violation.
Although the Superintendent has a zero-tolerance policy for alcohol and learner or novice drivers, the ASD is simply an ineffective way to enforce this policy. Calibration, device temperature, and residual mouth alcohol, even from innocuous sources like soy sauce, can all play a role in registering a reading on the device.
A 12 or 24-hour prohibition addresses the interests of public safety by removing a driver from the road. For many people, the 12 or 24-hour prohibition serves as a wake-up call and a lesson about drinking and driving. Imposing a further 3-month prohibition based only on the fact of the 12 or 24-hour prohibition, with no inquiry into its validity, is excessive in our view.
And the way it is being applied to all drivers of this class raises serious concerns about whether the discretion of the Superintendent is being inappropriately fettered.
If you receive a Notice of Intent to Prohibit, we can help you address the prohibition. Give us a call.