Ontario

Legislation Sections Database at defencecounsel.com for:

Penalties/Suspension on Conviction, Prohibition

Suspension of Licence for Impaired/Over 80

Highway Traffic Act of Ontario

Section number:

41 (1)

Suspension of Licence for Impaired/Over 80

41(1)

Subject to subsections 41.1 (1), (2) and (3), the driver's licence of a person who is convicted of an offence,

(a) under section 220, 221 or 236 of the Criminal Code (Canada) committed by means of a motor vehicle or a street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(b) under section 249, 249.1, 252, 253 or 255 of the Criminal Code (Canada) committed while driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(c) under subsection 254 (5) of the Criminal Code (Canada) committed in relation to the driving or having the care, charge or control of a motor vehicle or street car within the meaning of this Act or a motorized snow vehicle within the meaning of the Motorized Snow Vehicles Act;

(d) under a provision that is enacted by a state of the United States of America and that is designated by the regulations; or

(e) referred to in a predecessor to this subsection,

is thereupon suspended,

(f) upon the first conviction, for one year;

(g) upon the first subsequent conviction, for three years; and

(h) upon the second subsequent conviction or an additional subsequent conviction, indefinitely.

Automatic suspension under the Highway Traffic Act on conviction for Impaired or Over 80, Driving or Care or Control, no discretion by sentencing judge, no discretion for work purposes, not to be confused with prohibition under the Criminal Code of Canada

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