If you have been charged and convicted of an offence under the Criminal Code of Canada or the Highway Traffic Act in Manitoba, you may face a licence suspension from the court or the Manitoba registrar of motor vehicles, or both. For example, if you are convicted of impaired driving, the court will order a driving prohibition with mandatory minimums, which can be extended based on the circumstances of the offence. Additionally, the registrar of motor vehicles will suspend your licence upon receiving notice of your conviction.
Your licence may also be suspended by the registrar of motor vehicles under other circumstances listed in Section 264 of the Manitoba Highway Traffic Act. Depending on the number of convictions you have within a 10-year period, your licence could be suspended for 1 year, 5 years, 10 years, or even for a lifetime.
However, if you believe that you should be granted a conditional licence, you have the option to appeal to the Licence Suspension Appeal Board. The Board has the authority to grant conditional driving privileges if they are satisfied that exceptional hardship would result from the suspension and that granting a conditional licence is not contrary to the public interest.
When considering the public interest, the Licence Suspension Appeal Board takes into account various factors, including the type of offences on your driving record, the length of the suspension, the amount of suspension time served to date, your acceptance of responsibility for the driving behaviour and attitude towards driving/road safety, your understanding of the seriousness and consequences of the offence(s), your understanding of the actual or potential harm and risk caused by the offence(s), your demonstrated willingness to respect and obey the law, your demonstration of appropriate changes, any previous suspensions, and how a reasonable person would react to the Board’s decision if conditional driving privileges were granted.
The application requirements to appeal to the Licence Suspension Appeal Board differ depending on whether your driver’s licence was suspended by the Manitoba registrar of motor vehicles as a result of a show cause hearing or by the courts as a result of a conviction. There is a non-refundable application fee of $250.00, and you must fully complete the application, including providing your driver’s licence number. Supporting documents that support your request for driving privileges are required, and the Licence Suspension Appeal Board provides guidelines that must be followed.
Approximately 2 weeks before your hearing date, you will receive a Notice of Hearing, and you will be required to appear in front of a panel of board members who will question you about your application, driving request, and exceptional hardship. After your hearing is completed, you will be notified by mail of the Board’s decision. If your suspension was a result of a criminal conviction, you may be required to provide additional supporting documents and information.
If you need assistance with a driving-related offence or have received a letter from Manitoba Public Insurance regarding the suspension of your driver’s licence, Joshua Rogala has a proven track record of successfully representing clients at Show Cause Hearings with Manitoba Public Insurance and at the Licence Suspension Appeal Board. Don’t hesitate to contact me for expert guidance and support.