OHTA.ca

Hello.

My license has been suspended for 3 months and I do not know the procedure to get it back. Is it possible to get the license back and drive when the charge is still outstanding?

What were you suspended for and what is the outstanding charge?

Stanton wrote:What were you suspended for and what is the outstanding charge?

I was suspended for over 80 mg and the court is in process now. The trial date is not yet set.

Yes, you can attend the MTO and have your licence reinstated in the interim. You'll have to pay $150 fee to get it back.

Stanton is correct. You simply attend the MTO, pay your $150 and should get re-instated (if there's no other reason for a suspension (i.e. unpaid fines, etc.)). After all, thus far, you have only been suspended 'administratively' (i.e. by the MTO) , whereas once convicted (if that occurs) you'll be 'prohibited' from driving as per a criminal order (which applies Canada wide).

Just be aware that since your 90 day administrative suspension is already over, then logically you no longer qualify for Stream A, which could have allowed you to get driving privileges with the ignition interlock after a 3 month 'absolute prohibition period'. I say this because in order to qualify for Stream A, your case would have had to been resolved within 90 days of the offence date. However, that's clearly passed now. You should therefore obtain legal advice on whether you might still qualify for Stream B (and be able to get your driving privileges with the ignition interlock installed after a 6 month absolute driving prohibition period). Timing is everything in impaired-related offences. The Streaming system was set up to ensure quick resolution of cases (i.e. encourage people to plead guilty since it is practically impossible to have a trial within 90 days of the offence date!). Hopefully, you made an informed decision before deciding that you wanted to go to trial on this matter. That's why getting prompt legal advice in those types of cases is very important.