To dispute a 90-day Administrative Driver’s Licence Suspension (ADLS) in Brampton, you must file an appeal with the Licence Appeal Tribunal (LAT) within the strict time limits, paying a $106 CAD filing fee. Be aware that appeals are only granted on very narrow legal and medical grounds.
Being handed a 90-day Administrative Driver’s Licence Suspension (ADLS) at the roadside is a devastating blow. If you have been charged with impaired driving or Over 80 in Brampton, you automatically lose your right to drive for three months before you even have a chance to defend yourself in criminal court. Many drivers wonder if there is any way to fight this immediate suspension and get back behind the wheel sooner.
While it is possible to appeal an ADLS, the process is highly technical and extremely strict. You cannot appeal simply because you need your vehicle for work or family responsibilities (often called a hardship exemption). Instead, Ontario law restricts ADLS appeals to very specific grounds, which are handled exclusively by the Licence Appeal Tribunal (LAT), not the regular criminal courts at the A. Grenville and William Davis Courthouse.
Step-by-Step Process to Dispute an ADLS in Ontario
Whether you live in Brampton, Mississauga, or anywhere else in Ontario, the process to appeal your 90-day suspension is centralized through the LAT. Here is how the process generally unfolds.
Step 1: Understand the Strict Grounds for Appeal
Before spending money on fees, you must determine if you actually have legal grounds to appeal. The LAT will only cancel the suspension if you can prove one of the following: you were not the person driving the vehicle (identity error), you did not actually fail to provide a breath sample, you had a valid medical reason for failing to provide a sample, or the police failed to comply with strict technical reporting duties under the Highway Traffic Act. You cannot argue innocence of the criminal charge here; that is for your trial.
Step 2: Complete the Notice of Appeal Forms
If you believe you have valid grounds, you must obtain the ADLS Appeal Form from the Licence Appeal Tribunal website. You need to fill out your personal information, your driver’s licence number, and clearly select the specific ground(s) upon which you are basing your appeal. Providing a detailed factual statement is crucial at this stage.
Step 3: File the Appeal and Pay the Fee
Once your documents are prepared, you must file them with the LAT. This is usually done electronically. When you submit your application, you must pay the non-refundable filing fee of $106 CAD to the Minister of Finance. It is highly recommended to have a lawyer review these documents before filing, as mistakes can lead to an automatic dismissal.
Step 4: Attend the Tribunal Hearing
After processing your appeal, the LAT will schedule a hearing. This may be conducted in writing, via teleconference, or by videoconference. During this hearing, you or your legal representative will present evidence (such as medical reports or police documents) to an adjudicator. The burden of proof is on you to show why the suspension should be lifted based on the strict legal criteria.
How Much Does it Cost to Appeal in Ontario?
Disputing a suspension involves several costs, and there is no guarantee of success. If you are considering this route in Brampton, keep these expenses in mind:
- LAT Filing Fee: $106 CAD (Non-refundable, regardless of the outcome).
- Medical Reports: If appealing on medical grounds (e.g., asthma preventing a proper breath sample), doctors usually charge anywhere from $100 to $500 CAD for specialized letters or records.
- Lawyer Fees: Most applicants in this province choose to hire a law firm to handle the LAT appeal. Legal representation for a tribunal hearing can cost between $1,500 and $4,000+ CAD.
How Long Does the Dispute Process Take?
Time is of the essence when dealing with a 90-day suspension. Generally, once you file your appeal with the LAT, they aim to schedule a hearing and provide a decision within 30 days. However, because the total suspension is only 90 days, administrative delays can sometimes mean your suspension is nearly over by the time a decision is reached. Therefore, filing immediately after the incident is critical. ⏱️
Frequently Asked Questions (FAQ)
Can I get a temporary licence to drive to work?
No. Ontario does not grant hardship licences. You cannot appeal your ADLS purely on the basis that you will lose your job or cannot transport your family.
If I win the LAT appeal, do my criminal charges go away?
No. The LAT only handles your provincial driver’s licence suspension. Winning the appeal allows you to drive again, but you still must face the criminal Over 80 or impaired driving charges at the Brampton courthouse.
Should I dispute the ADLS or just wait 90 days?
Because the grounds for appeal are very limited and the process can be expensive, many drivers choose to serve the 90 days while focusing their financial resources on defending the actual criminal charge. You should consult a lawyer to evaluate the strength of your case.
Do I get my $106 fee back if I win?
No. The $106 CAD filing fee paid to the Licence Appeal Tribunal is an administrative fee and is non-refundable, even if your appeal is successful.
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