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Charged with drinking and driving?

Gerry is a former crown prosecutor, having prosecuted countless drinking and driving charges.  Now he is available for your defence as a trial lawyer who will fight on your behalf.

If you are being investigated or have been charged call Gerry McGeachy at (647) 264-1448 or his direct cellphone line at (613) 885-7045.  He represents clients throughout Ontario.

In order to ensure excellent service, we restrict our total number of clients at any one time and as such we may not be able to take on new clients.  If so, we will try and find you a qualified lawyer in your area.

We recommend that you do not plead guilty to any criminal offence without first obtaining a thorough review of the crown disclosure and legal advice from a qualified lawyer. This is a technical area of the law and only a thorough assessment will enable you to make an informed choice and provide you with options to fight the charges.

 

There are strict timelines in effect in Ontario for seeking what is known as "Stream A" and "Stream B".

As of November, 2020, the Ministry of Transportation offers information here:

http://www.mto.gov.on.ca/english/safety/ignition-interlock-conduct-review-program.shtml

We make every effort to ensure that all information on this website is accurate at the time it is published.  The law and policy in this area change frequently so please check for updated information or call us to get up to date information.

The MTO currently (as of November 2020) provides the following information about reduced suspensions and treatment of first and second time offenders.  :

Reduced suspensions

First time offender:

Drivers participating in the program as a first time offender will be in one of two streams:

  • Stream "A": licence suspension period reduced to a minimum of 3 months, followed by a minimum 9-month ignition interlock installation period
  • Stream "B": minimum licence suspension of 6 months and a minimum interlock installation period of 12 months

Drivers who are not eligible for or who choose not to participate in the program will be subject to the standard sanctions under the Highway Traffic Act.

Standard HTA sanctions for first-time offenders:
One-year HTA suspension and one-year Ignition Interlock;

Reduced Suspension with Ignition Interlock Conduct Review Program – Stream "A":

Minimum 3 month suspension and minimum 9 months Ignition Interlock

Reduced Suspension with Ignition Interlock Conduct Review Program – Stream "B":

Minimum 6 month suspension and minimum 12 months Ignition Interlock

* The Court may increase this period.

** The minimum ignition interlock installation period is determined in reference to the length of the driving prohibition period ordered by the Court. The Criminal Code provides for a driving prohibition period of 1 to 3 years for a first-time alcohol-impaired driving conviction. The ignition interlock installation period will not end before the driving prohibition period expires.

Stream "A"

To be able to enter the program in Stream "A", you must meet the program's eligibility requirements and:

  • enter a plea of guilty to the offence
  • be convicted or found guilty, sentenced and subject to a driving prohibition order within 90 days of the date of offence, even if the offence occurred more than 90 days before the date of sentence

Within three (3) months from the date of sentencing, you must also:

  • successfully complete the assessment component of the required remedial measures program
  • establish proof of a lease agreement for an approved ignition interlock device

Drivers should register for the remedial measures program immediately upon conviction and request an assessment when they register to make sure they can complete this requirement for entry into Stream "A".

Stream "B"

If you are eligible for the program but don't meet all of the requirements for Stream "A", you may be eligible to enter the Program in Stream "B".

Second time offender

Drivers participating in the program as a second time offender will be in:

  • Stream "D": licence suspension period reduced to a minimum of 9 months, followed by a minimum 18-month ignition interlock installation period

Drivers who are not eligible for or who choose not to participate in the program will be subject to the standard sanctions under the Highway Traffic Act.

Standard HTA sanctions for second-time offenders:

Three-year HTA suspension and three-year Ignition Interlock

Reduced Suspension with Ignition Interlock Conduct Review Program – Stream "D":

Minimum 9 month suspension and minimum 18 months Ignition Interlock

* The Court may increase this period.

** The minimum ignition interlock installation period is determined in reference to the length of the driving prohibition period ordered by the Court. The Criminal Code provides for a driving prohibition period of 2 to 10 years for a second-time alcohol-impaired driving conviction. The ignition interlock installation period will not end before the driving prohibition period expires.

Stream "D"

To be able to enter the program in Stream "D", you must meet the program's eligibility requirements and:

  • enter a plea of guilty to the offence
  • be convicted or found guilty, sentenced and subject to a driving prohibition order within 90 days of the date of offence, even if the offence occurred more than 90 days before the date of sentence

You must also:

  • successfully complete the assessment component of the required remedial measures program
    NOTE: For second time offenders who have an outstanding remedial requirement as a result of a previous conviction, you must complete the remedial measures program in full (not just the assessment), in order to satisfy this condition.
  • establish proof of a lease agreement for an approved ignition interlock device

Drivers should register for the remedial measures program immediately upon conviction and request an assessment when they register to make sure they can complete this requirement for entry into Stream "D".