Legal Question in Criminal Law in Canada

is there any way i can get around to not taking the back on track program ive been under suspenshion my licence was taken away in 1991 i never tryed to get it back yet but now i want it i as supposed to get it back in 1993 but they said i had to take the remidel program 1st do u think we can get around that some how thanks fred decker


Asked on 10/27/09, 8:35 pm

1 Answer from Attorneys

Kenneth Golish Golish, Kenneth W.

If your license was suspended for an impaired conviction in or about 1991, you shouldn't have to take the 'Back on Track' program. The Back on Track website even states the start date for the remedial program requirement:

For offences that take place on or after September 30, 1998, the Highway Traffic Act requires convicted impaired drivers or roadside suspension warn range drivers with more than one suspension to successfully complete Back on Track, Ontario's Remedial Measures Program, before their licences can be reinstated. Participants must pay a fee of $578 (plus GST) for convicted impaired drivers - $606.90 or $178 (plus GST) for warn range drivers � 186.90 to cover the costs of the program. (http://www.remedial.net/about.html)

While Back on Track is not the only remedial measure, none appear to apply to you. See the Ontario Driver Handbook:

There are several types of remedial measures. The mandatory Back on Track program is for all drivers convicted of impaired driving-related Criminal Code offences. For drivers who repeatedly blow in the warn range of .05 to .08, there is a mandatory alcohol education for a second suspension which must be completed within 120 days of the suspension or an alcohol treatment program for a third or subsequent suspension which must be completed within 180 days of the suspension. A Driver Improvement interview is required for drivers convicted of non-impaired driving-related Criminal Code offences. If your driver's licence has been suspended because of a Criminal Code conviction, your licence will remain suspended until you have completed the remedial requirements.

(http://www.mto.gov.on.ca/english/dandv/driver/handbook/section4.8.9.shtml)

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Answered on 10/29/09, 1:44 pm


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