Driving Offences
Licence Suspension Lawyer in Canada
A licence suspension lawyer defends charges under Provincial licensing legislation and Criminal Code s. 320.24. This page sets out what the offence covers, what must be proven, the penalties and licence consequences that can follow and the defences that are commonly available, then lists criminal defence firms you can contact.
Provincial licensing legislation and Criminal Code s. 320.24·administrative
What Licence Suspensions covers under provincial traffic law
Licence suspensions in Canada come from two entirely separate sources. A criminal court imposes a driving prohibition under section 320.24 of the Criminal Code on conviction for an impaired driving or dangerous operation offence. Provincial licensing authorities impose administrative suspensions under their own legislation.
Administrative suspensions operate immediately and independently of the criminal case. Roadside suspensions following a fail or warn on an approved screening device, ninety-day administrative driver's licence suspensions on a criminal charge, medical suspensions, demerit point suspensions and unpaid fine suspensions all take effect without any finding of guilt.
Because the two systems are separate, winning the criminal case does not automatically restore a licence, and the reinstatement route runs through the provincial authority. Ignition interlock programs, remedial education, reinstatement fees and medical review processes are all provincial and each has its own timelines and appeal route.
What must be proven
- The statutory basis for the suspension, whether criminal prohibition or administrative measure
- Proper notice of the suspension to the driver
- The length of the suspension and the date from which it runs
- Any conditions of reinstatement, such as interlock installation or a remedial program
- The applicable review or appeal route and its deadline
Penalties and licence consequences
- Loss of driving privileges for a fixed or indefinite period
- Vehicle impoundment in defined circumstances
- Reinstatement fees, remedial program fees and interlock installation and monitoring costs
- A criminal charge under section 320.18 or a provincial charge for driving while suspended
- Loss of employment for commercial drivers and those who require a licence for work
Common defences
- Applying for review of a roadside or administrative suspension within the statutory deadline
- Challenging the reliability of the approved screening device result on a review
- Establishing that notice of the suspension was defective
- Addressing the underlying criminal charge, since a withdrawal often shortens the administrative consequences
- Applying for early entry into an ignition interlock program where the province permits it
- For medical suspensions, providing the required medical evidence to the licensing authority
Licence suspension lawyer: frequently asked questions
- Why is my licence suspended before trial?
- Administrative suspensions are imposed by the provincial licensing authority on the basis of the charge or the roadside test result, not on a finding of guilt. They are separate from the criminal proceeding and take effect immediately.
- Does winning my criminal case restore my licence?
- Not automatically. The provincial suspension and any reinstatement conditions are administered separately. A withdrawal or acquittal usually ends a charge-based suspension, but reinstatement fees, remedial programs and interlock requirements are handled by the licensing authority.
- Can I appeal a roadside suspension?
- Most provinces provide a review process with a short deadline, often within days of the suspension. The grounds are narrow and usually focus on the operation and reliability of the screening device and whether the statutory prerequisites were met.
Find a licence suspension lawyer
Criminal defence firms listed on Criminal Lawyers Canada that identify Licence Suspensions among their practice areas. Featured listings appear first.
Licence Suspensions lawyers by province