If your licence is suspended for 90 days due to an impaired driving charge in Hamilton, you can appeal the Administrative Driver’s Licence Suspension (ADLS) through the Licence Appeal Tribunal (LAT). The non-refundable filing fee is $106 CAD, but appeals are only granted under very strict, specific legal grounds.
Getting pulled over by the Hamilton Police and facing an impaired driving or “Over 80” charge is terrifying enough, but losing your ability to drive instantly makes matters much worse. 🚨 In Ontario, if you blow over the legal limit or refuse a breath test, the police will immediately issue a 90-day Administrative Driver’s Licence Suspension (ADLS). This happens before you even have a chance to defend yourself in court.
For many Hamiltonians, losing a licence means losing the ability to commute to work, drop kids off at school, or run a business. 🚗 Fortunately, you have the right to appeal this roadside suspension. However, the appeal is not heard in a regular criminal court; it is managed by the Licence Appeal Tribunal (LAT). Navigating this specialized administrative process requires quick action and precise legal arguments.
Step-by-Step Process to Appeal an ADLS in Ontario
The LAT is incredibly strict, and you cannot appeal simply because the suspension causes you financial hardship. 📝 You must prove a specific legal or factual error occurred during your arrest. Here is how the appeal process works.
Step 1: Determine Your Grounds for Appeal
You can only appeal an ADLS on narrow grounds. 🔍 The most common are: you did not actually blow over the legal limit (machine error), you did not actually refuse the breath demand (medical inability to provide a sample), or there was a clear case of mistaken identity. Your law firm will help you identify if any of these specific grounds apply to your situation.
Step 2: File the Appeal with the LAT
If you have valid grounds, you must complete the “Appeal from an Administrative Driver’s Licence Suspension” form. 📄 You or your lawyer will submit this application to the Licence Appeal Tribunal, along with any supporting documents (such as medical records proving asthma, if you are fighting a refusal charge).
Step 3: Attend the LAT Hearing
Once your application is accepted, the LAT will schedule a hearing, which is typically conducted via a virtual video conference or telephone. 💻 Your lawyer will present your evidence and argue your case before an adjudicator. The police officer who arrested you may also be called to provide their version of events.
Step 4: Wait for the Adjudicator’s Decision
After the hearing, the LAT adjudicator will issue a written decision. 📧 If you win, your suspension will be lifted immediately. You will still need to visit a ServiceOntario location in Hamilton to have your physical card reissued. If you lose, the 90-day suspension remains in place.
How Much Does it Cost in Hamilton?
Fighting an ADLS involves specific administrative fees set by the provincial government, in addition to your legal costs. 💰
- LAT Filing Fee: The application to appeal costs a non-refundable $106 CAD.
- Licence Reinstatement Fee: Even if you wait out the 90 days or win your appeal, ServiceOntario charges an administrative fee of $281 CAD to reinstate your driver’s licence.
- Lawyer Fees: Hiring a law firm to represent you at the LAT hearing varies, but it is often billed separately from the criminal trial defence. Expect to pay a few thousand dollars for this specialized representation.
How Long Does the Process Take?
Because the suspension is only 90 days, the LAT aims to schedule these hearings quickly. ⏱ However, delays can still happen.
| Phase of ADLS Appeal | Estimated Timeline |
|---|---|
| Filing the Application | You should file as soon as possible after the arrest |
| Scheduling the Hearing | Usually within 15 to 30 days of filing |
| Issuance of Decision | Often within days or a few weeks of the hearing |
| Total Suspension Duration (If no appeal) | Exactly 90 days from the date of the incident |
Frequently Asked Questions (FAQ)
Can I drive while my LAT appeal is pending?
No. Filing an appeal does not pause or stay the suspension. You remain legally suspended and cannot drive until the LAT officially rules in your favour and your licence is reinstated by ServiceOntario.
If I win my ADLS appeal, does my criminal charge get dropped?
No. The ADLS is an administrative penalty enforced by the Ministry of Transportation. Winning the appeal gets your licence back early, but the criminal charge for impaired driving must still be fought separately at the John Sopinka Courthouse.
Can I appeal because the suspension will cause me to lose my job?
Unfortunately, no. The Licence Appeal Tribunal explicitly states that financial hardship, loss of employment, or family obligations are not valid legal grounds to overturn an Administrative Driver’s Licence Suspension.
Do I need a lawyer for the LAT hearing?
While you can represent yourself, the LAT operates similarly to a courtroom with strict rules of evidence. Because the acceptable grounds for appeal are highly technical, having a lawyer dramatically increases your chances of a successful outcome.
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