In Ontario, an Administrative Driver’s Licence Suspension (ADLS) instantly suspends your driving privileges for 90 days. You can appeal this to the Licence Appeal Tribunal (LAT), but the grounds are extremely narrow, and the filing fee is currently $106 CAD.
Getting pulled over by Peel Regional Police in Mississauga and failing a breathalyzer test brings immediate consequences. Even before you are convicted in court, the province issues an Administrative Driver’s Licence Suspension (ADLS). This means you lose your ability to drive for 90 days right at the roadside.
Many drivers wonder if they can fight this suspension to get back to work or care for their families. 📍 While disputing an ADLS is possible in Ontario, it is entirely separate from your criminal case at the Brampton courthouse. Let us walk through how this provincial appeals process actually works.
Step-by-Step Process in Mississauga
The ADLS is a provincial penalty governed by the Ministry of Transportation (MTO). Appealing it requires dealing with a specific provincial tribunal rather than a criminal judge. Here is how a law firm typically approaches the process.
Step 1: Understanding the Legal Grounds
You cannot appeal an ADLS simply because you need your vehicle for work or family duties. 📖 Ontario law restricts appeals to very narrow grounds. You must prove either that you were not the person driving, or that you had a valid medical reason for failing to provide a breath sample.
Step 2: Filing with the Licence Appeal Tribunal
If you meet the strict criteria, your lawyer will file an appeal with the Licence Appeal Tribunal (LAT). This must be done quickly, as the 90-day clock is already ticking. You will need to submit the official LAT appeal forms along with the mandatory provincial filing fee.
Step 3: Gathering Medical or Identity Evidence
If your defence relies on a medical condition (like severe asthma preventing a proper breath sample), you need strong proof. 👨 Your law firm will collect medical records from your doctor at Trillium Health Partners or another local clinic. If it is an identity issue, video evidence or witness statements will be gathered.
Step 4: The LAT Hearing
A tribunal adjudicator will review your case during a formal hearing. Unlike criminal trials, these hearings are often conducted via written submissions or videoconference. The adjudicator will either lift the suspension or uphold the full 90 days.
How Much Does it Cost in Ontario?
Appealing an ADLS involves specific provincial fees and potential legal costs. 💰 Here is a breakdown of what you might spend when challenging your suspension.
| Fee Type | Estimated Cost (CAD) |
|---|---|
| LAT Filing Fee | $106 CAD |
| Licence Reinstatement Fee | $281 CAD (payable to ServiceOntario) |
| Lawyer Fees | Varies widely, often part of criminal retainer |
Even if you win your appeal, you will generally still need to pay the reinstatement fee at ServiceOntario to get your physical card back.
How Long Does the Process Take?
The Licence Appeal Tribunal aims to schedule hearings quickly because the suspension is only 90 days. ⏱ A hearing is typically scheduled within 30 days of submitting your complete application. A written decision is usually mailed shortly after, meaning you might serve a large portion of the suspension before getting an answer.
Frequently Asked Questions (FAQ)
Can I drive while my LAT appeal is pending?
No. Filing an appeal does not pause your suspension. You are strictly forbidden from driving in Mississauga or anywhere else in Canada until the LAT formally overturns the suspension or the 90 days expire.
What happens if I win the LAT but lose my criminal case?
If you are convicted of Impaired Driving under the Criminal Code of Canada, you will receive a mandatory minimum 1-year driving prohibition. Winning the ADLS appeal only helps you during the pre-trial phase.
Will the police give me a temporary permit?
No. Unlike some other provinces, Ontario police officers do not issue temporary driving permits after an ADLS. Your driving privileges end the moment the suspension is served at the roadside.
Do I need a lawyer for the LAT hearing?
While self-representation is allowed, the grounds for winning are heavily based on complex medical or identity laws. Most drivers choose to retain a law firm to navigate the strict tribunal rules.
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