What a pleasure having a driver’s license! In addition to offering a degree of freedom of movement, a driver’s licence enables the driver to use their vehicle to drive to and from work. On the other hand, driver’s licences are not permanent. In some cases, you can be suspended for the duration of a conviction. This is when restricted licences come to the rescue.
If you have had your licence revoked, here’s how to get a restricted driver’s licence.
Obtaining a restricted driver’s licence when you have accumulated demerit points
First is the restricted licence related to demerit point accumulation. This licence allows a road vehicle to be driven when the person demonstrates to the court, as part of the judicial process, that they have to drive their vehicle to perform the main work for which they earn their living. The Société de l’assurance automobile du Québec (SAAQ) is responsible for issuing the licence. However, the SAAQ only grants it when the court order is presented. This licence will allow the person to drive a road vehicle under the restrictions imposed by the judge. These restrictions are indicated on the order, but they are also included on the driver’s licence itself.
This restricted licence is valid from its date of issue, unless the judge has indicated a later date on the order. Only one restricted driver’s licence can be issued and it remains valid until the end of the ineligibility period, which is three months, six months or twelve months.
Obtaining a restricted driver’s licence when you have an impaired driving conviction
The restricted licence associated with a conviction for impaired driving is the second restricted driving licence that can be granted.
This licence can be issued during the period of driving prohibition following a conviction for impaired driving. However, as provided for in the Criminal Code, a minimum prohibition period of three months, six months or twelve months applies. This period may be longer if the judge decides otherwise.
This means that anyone whose licence has been revoked as a result of a criminal conviction for impaired driving can apply. That is if the court does not prohibit it.
The restricted licence issued following a conviction for impaired driving is not a stand-alone licence. Unlike the other, it requires an alcohol ignition interlock device, commonly known as an alcohol detection device. This device, as you may know, prevents the vehicle from being started as soon as the device detects the presence of alcohol in the driver’s body. In each case, the registered alcohol level is recorded in the device.
This restricted licence is effective on the day it is issued. It remains valid until the first business day after the end of the sanction period imposed by the Highway Safety Code for a Criminal Code offence. The sanction period provided for by law varies from one to five years depending on the driver’s record, but the judge can impose a longer prohibition.
Ensure your protection if your driver’s licence is revoked
The consequences of a driving prohibition can be detrimental to an individual’s life and that of his or her family. Fortunately, two types of restricted licences can be issued to help it get back on track.
Are you being charged with impaired driving and worried that your driver’s licence will be revoked? Contact Riendeau Lawyers. Our criminal lawyers will be happy to advise you or support you in your proceedings.