Licence Suspended For 6 Months Due To Medical Report
I had an drinking issue and went to a hospital for help. I spent 5 days in detox clinic and don't drink any more. Never drive and drink. Just got a letter with 6 months licence suspended. Looks like a doctor sent a report to MTO.
How can i appeal it? Should i get a legal advise?
Re: Licence Suspended For 6 Months Due To Medical Report
In Ontario, there's a list of conditions where a doctor is legally required to report you to the Ministry of Transportation. Issues with alcohol are one of those. It's quite common for an individual to go to a clinic or hospital for alcohol related issues and find they've been reported to the ministry.
Can you appeal? Yes, you have to file an appeal with the License Appeal Tribunal.
A lot of people tend to get confused with the idea of an appeal. They are very strict about what is and isn't considered relevant. From the Tribunal:
In most cases, the best evidence will be reports from doctors or other medical professionals. When you appeal, it is actually the Ministry that is required to prove that your licence should remain suspended or downgraded. You should know that they have at least one report they can enter as evidence – this is the medical report which resulted in the suspension or downgrade of your licence. To argue against the report in the Ministry’s files you may wish to file a medical report that makes different findings.
In an appeal, the Ministry is required to prove two things:
1) that you have either a mental, emotional, nervous or physical condition or disability, or an addiction to the use of alcohol or a drug; and,
2) that this condition, disability or addiction is likely to significantly interfere with your ability to drive safely.
The legal test for your appeal is all about the reported condition, disability or addiction, and how that affects your ability to drive a motor vehicle safely. Your evidence must be relevant to that legal test. Other evidence, such as how much you need your licence for work, or other reasons, will not help you in your appeal because that evidence does not say anything about the reported condition or whether your condition is likely to affect your ability to drive safely.
A successful appeal would rely on evidence from a doctor or medical professional.
Re: Licence Suspended For 6 Months Due To Medical Report
Thank you for your reply!
I'm planning to see a doctor to get a report. I don't drink and it could happen to anyone looking for help in the hospital.
I read appleal is the last step to do and I should send the report to MTO first. Some articles in internet say mto usually needs at least 1 year to be clear in order to reinstate the licence. It's unfair as i never drink and drive and ir happened with me once. Why i have to loose my job for a year just because mto thinks i need to wait a year. Even people got drunk by police get 90 days suspention.
I cannot find the phone number for administrative review of my case with mto. Don'tvthey do it anymore?
Re: Licence Suspended For 6 Months Due To Medical Report
I got Ontario photo id when my drivers license was suspended, now the application was approved but service ontario says I have yo take all tests because it licence was cancelled. i didn't cancelled it, nobody told me about this issue. what to do?
Re: Licence Suspended For 6 Months Due To Medical Report
It's a bit difficult to follow.
Did your medical suspension end?
-
- Similar Topics
-
-
New post Reinstate driver licence suspended because of medical issue
Last post by luccanada Sun Aug 16, 2020 9:27 pm
-
-
-
New post Rear Ended Someone Months Ago (did not report to Insurance)
by z651144 in Following too closelyLast post by Radar Identified Fri Nov 23, 2012 10:06 pm
-
-
-
New post Drivers License Medical Suspension (Due to Police Report)
by Nicholas in General TalkLast post by BB123 Tue Jun 11, 2013 5:50 pm
-
-
-
New post Suspension of driver's licence due to a medical condition - looking for insights
by kylzh in General TalkLast post by kylzh Thu Feb 25, 2021 11:50 pm
-
-
-
New post Suspended due to medical reason
by Buemi in Driving While SuspendedLast post by Buemi Thu May 20, 2010 10:36 am
-
-
-
New post driving while suspended-medical, need advice
Last post by chester75 Wed Nov 01, 2017 3:13 am
-
-
-
New post HELP License suspended medical review for alcohol dependence
Last post by bend Sat Sep 02, 2017 12:39 am
-
-
-
New post Permit or licence suspended does not hold licence - Sec 54
Last post by admin Thu Jan 24, 2008 5:43 am
-
-
-
New post two questions - suspended license and failure to report
by jac02010 in General TalkLast post by jac02010 Mon Feb 27, 2017 11:46 am
-
-
-
New post Medical suspension due to medical condition reported
by GJCL1964 in General TalkLast post by GJCL1964 Tue Nov 23, 2021 1:21 pm
-
Who is online
Users browsing this forum: No registered users and 19 guests