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Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Thu Oct 11, 2012 2:54 pm
by nitpicker
Hi There , I need some direction and Im hoping that someone can point me there. I am 7 years into a lifetime suspension for 3 DUI's back in another life. About two years ago I started emailing the powers that be... ie , the Minister of Transportation , the judge that convicted me , ect ,,,,ect..... A friend of mine in the program , ( lawyer ) gave me some hope with a tribunal for appeals in Toronto. I am sober 4 years now and really want to move forward , as well operating my own business gets very expensive having a driver all the time , or cabbing it. I have compiled all my documentation as far as court records , rehab discharges ( Ive been to 2 of them ) also my phycians recommendations as well as various letters from sober friends of mine who have alot of sobriety in their recovery.
I dont know if Im barking up the wrong tree with this tribunal , or should I even send them in the $100 and application or am I throwing that money away?
Should I perhaps complete my Back on Track course before persuing this course of action?
Any hope would be appreciated.
Looking forward to any reply's
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Sat Oct 13, 2012 12:03 am
by paul1913
Life time prohibition is that. Penalties are there for a reason and ment to be a specific (you) and general ( public ) deterrent.
Frankly I would say you have no leg to stand on, but who knows. Completing a back on track course might help others but I doubt it would help you as your prohibition is for life.
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Sat Oct 13, 2012 1:14 pm
by bdwilliams
Its worth a try. I'm glad to hear you turned your life around. You can also try connecting with MADD.
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Sat Oct 13, 2012 5:32 pm
by OPS Copper
It is a criminal prohibition that is handed down by the courts. Ontario Gov't has noting to do with it other than following the courts direction.
Life suspension means life suspension. You lost your right to drive and I for one am glad.
OPS
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Sun Oct 14, 2012 12:21 am
by paul1913
OPS Copper wrote:It is a criminal prohibition that is handed down by the courts. Ontario Gov't has noting to do with it other than following the courts direction.
Life suspension means life suspension. You lost your right to drive and I for one am glad.
OPS
Both you and I know it will never stop someone from driving that wants to. People don't realize it's a privilege not a right.
How you liking central ?
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Sun Oct 14, 2012 10:01 pm
by CumminsDiesel
OPS Copper wrote:It is a criminal prohibition that is handed down by the courts. Ontario Gov't has noting to do with it other than following the courts direction.
Life suspension means life suspension. You lost your right to drive and I for one am glad.
OPS
I feel for you buddy. Life suspension is not fair !
If one improves they should be allowed to drive PERIOD!
Unfortunately the laws here in ONTARIO are very draconian.
Doughnut eaters would have a blast pulling you over with no license. Don't get caught, brother !
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Sun Oct 14, 2012 10:55 pm
by OPS Copper
CumminsDiesel wrote:OPS Copper wrote:It is a criminal prohibition that is handed down by the courts. Ontario Gov't has noting to do with it other than following the courts direction.
Life suspension means life suspension. You lost your right to drive and I for one am glad.
OPS
I feel for you buddy. Life suspension is not fair !
If one improves they should be allowed to drive PERIOD!
Unfortunately the laws here in ONTARIO are very draconian.
Doughnut eaters would have a blast pulling you over with no license. Don't get caught, brother !
I dunno I think most would agree. Three different impaired driving convictions = no driving for life.
Besides it is Not Ontario it is Canada. The prohibition comes from a criminal court which is Canada and Canada wide.
As for central I start Monday.
ops
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Mon Oct 15, 2012 10:02 am
by Stanton
I give the OP credit. I don't think he's downplaying his past mistakes, he's simply enquiring if there's any way to proceed with lifting the lifetime prohibition. As stated above, there's certainly lots of people who ignore Court orders and drive anyway. I'd rather see someone take steps to drive legally if possible, rather than keep skirting the law. There's certainly lots of new options the Courts have introduced such as interlock devices.
I know people have appealed lifetime suspensions at the time of their conviction, but I don't know how much luck you'd have this far after the offence. Probably best to enquire with a Criminal lawyer, such as one who specializes in impaired drivers.
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Wed Oct 17, 2012 8:14 pm
by admin
3 strikes your out man...doubt you will get your license back.
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Thu Oct 18, 2012 6:53 pm
by hk111
I'm glad you're sober; I'm not the least bit glad you're saddled for life. We all want law 'n' order. And punishment 'n' deterrent. OTOH, what we really want in the end is safe roads and, in the words of Charles Dickens:
"Mens courses will foreshadow certain ends, to which, if persevered in, they must lead," said Scrooge. "But if the courses be departed from, the ends will change. Say it is thus with what you show me!"
Good luck with your small business.
Re: Can I Appeal A Convicted 3rd Impaired From 7 Years Ago
Posted: Thu Oct 18, 2012 9:57 pm
by nitpicker
Thank you everyone for the input! MADD sounds like a good place to start. BTW , Ontario is the only province with lifetime suspension. I have friends in Hull , PQ that I could say Im living at and re-apply for a Quebec licence and get it as 5 years has gone by with the suspension. That would be dishonest and Im no longer doing that.
Lifetime = 10 years in Ontario , so to everyone that says I deserve it , ( and I agree I do ) I will return to the road in 3 years... and sober , but if I was still engaging in that behavior then I would return in 3 years anyway!
I would like to see a system in play that has someone prove to the ministry that they have changed their ways aside from Back on Track , which tells you to call a cab instead of driving.