To appeal a 90-day Administrative Driver’s Licence Suspension (ADLS) in Toronto, you must apply to the Licence Appeal Tribunal (LAT). You must prove one of the very narrow statutory grounds, such as police failing to administer the breathalyzer properly. The non-refundable application fee is $106 CAD.
Getting pulled over in Toronto for suspected impaired driving is a terrifying experience. If you register a Blood Alcohol Concentration (BAC) over the legal limit, or if you refuse a breathalyzer test, Ontario police will immediately suspend your driving privileges for 90 days. 🚗 Many drivers are shocked to learn that this Administrative Driver’s Licence Suspension (ADLS) takes effect instantly, long before you ever step foot in a criminal courtroom to face your charges.
Losing your licence for three months can jeopardize your job, especially if you commute from Scarborough or Etobicoke. Fortunately, Ontario law allows you to appeal this suspension. However, the grounds for a successful appeal are extremely restricted under the Highway Traffic Act, meaning you cannot simply argue that you need your car for work or family duties.
Step-by-Step Process in Toronto
Appealing an ADLS requires moving quickly because you only have a short window to build your case. 📝 The process is entirely separate from the criminal proceedings happening at the Ontario Court of Justice.
Step 1: Understand the Strict Grounds for Appeal
The Licence Appeal Tribunal (LAT) will only lift the suspension under very specific circumstances. You must generally prove that you did not actually blow “Over 80,” that the police breathalyzer machine was malfunctioning, or that you had a valid medical reason for failing to provide a breath sample. Personal hardship is legally irrelevant to the LAT. 📋
Step 2: Submit the Appeal Forms to the LAT
You or your criminal defence lawyer must complete an ADLS Appeal form and submit it directly to the Licence Appeal Tribunal in Toronto. When filing, you must pay the mandatory government application fee and include copies of the suspension notice provided by the Toronto Police Service.
Step 3: Attend the Case Conference
Once your application is accepted, the LAT will schedule a preliminary hearing or case conference, which is often conducted by telephone or video. A Ministry of Transportation (MTO) representative will be present, and your lawyer will outline why the suspension should be cancelled based on the strict legal criteria.
Step 4: The Final LAT Hearing
If the matter is not resolved, you will have a formal tribunal hearing. If the LAT adjudicator rules in your favour, the suspension will be cancelled, and you can visit a ServiceOntario centre to reinstate your licence. If you lose, the full 90-day suspension remains in effect. ⚖
How Much Does it Cost in Toronto?
Fighting a licence suspension involves specific administrative and legal fees. Here is a breakdown of what you can expect to pay in Ontario:
- LAT Application Fee: Filing the appeal with the Licence Appeal Tribunal costs a non-refundable $106 CAD.
- Lawyer Fees: Hiring an impaired driving lawyer to represent you at the LAT is highly recommended due to the complex legal arguments required. Legal fees for an ADLS appeal often range from $1,500 to $3,500 CAD.
- Reinstatement Fee: Whether you win the appeal or wait out the 90 days, you must pay ServiceOntario a reinstatement fee of $281 CAD to get your physical card back.
| Grounds for Appeal | Is it a Valid Reason for LAT? |
|---|---|
| Identity Mistake (You were not driving) | Yes. If you prove you were not the driver, it can be cancelled. |
| Medical Inability to Blow | Yes. Requires strong medical documentation (e.g., severe asthma). |
| Loss of Employment | No. Financial hardship is strictly barred from consideration. |
How Long Does the Process Take?
Time is of the essence when dealing with an ADLS. Once you file your application, the Licence Appeal Tribunal is mandated to hold your hearing within 30 days. If the LAT fails to issue a decision within a reasonable timeframe after the hearing, your lawyer may apply to have the suspension stayed (paused). Keep in mind, the 90-day clock continues to tick while you are waiting for your hearing date.
Frequently Asked Questions (FAQ)
Can I drive while my ADLS appeal is processing?
No. Your driver’s licence remains completely suspended while you wait for the LAT hearing. If you are caught driving during this time, you will face severe criminal charges for Driving While Suspended and potentially jail time.
If I win the appeal, are my criminal charges dropped?
No. The ADLS appeal is strictly a provincial administrative process regarding your driving privileges. Your criminal impaired driving charges will still proceed separately at the Ontario Court of Justice.
Do I need a lawyer for the LAT hearing?
While you are allowed to represent yourself, it is strongly advised against. Winning an ADLS appeal requires proving technical legal errors made by the police, which is incredibly difficult without an experienced criminal defence lawyer.
What happens if it is my first offence?
The 90-day ADLS is mandatory under the Highway Traffic Act regardless of your driving history. Even if you have a perfectly clean record and it is your first offence, the immediate suspension still applies.
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