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CeeV13 · Apr 7, 2010, 03:58 AM

I was driving in Quebec I was pulled over in a driveway and later charged with DUI. In quebec it is immediate 3 month suspension of lic guilty or not. I have not been convicted of DUI just charged it will be a 1 1/2 before is see a court room (Not to go into details but I am fighting this) I hold an Ontario Lic is Quebec allowed to suspend it. I am in the process of moving to Quebec I just got an aptment in that province and I was about to exchange my lic over my appointment is at the end of the month. I still have an Ontario residence, over 40 no tickets perfect record until now. Which law applies to me?

tickle · Apr 7, 2010, 04:35 AM

Good question. In Ontario that charge carries a 3 month suspension and $l000 fine and most definitely Quebec and Ontario and other provinces share information. DUIs, say for repeat offenders, lose licence for good.

Tick

CeeV13 · Apr 7, 2010, 05:13 AM

I just checked online with Ontario Vechile Department my lic is valid and I ask for a confirmation number which I will keep handy. I have been reading everything I can get my hands on. I am not convicted at this point just accused The law says I am innocent until proven guilty. I feel I have a case to defend my lawyer believes my case can set juris prudence that is a whole other issue. But Ontario has their laws and Quebec has it's own that is on a provincial level. The laws in Quebec to suspend drivers lic for DUI are for residents who hold quebec drivers lic. There is no fine just byass suspension. So where do I stand?

JudyKayTee · Apr 7, 2010, 06:39 AM

You are licensed where you are licensed and the law some other place does not matter. If you have a valid Ontario license that is what counts.

What are the grounds for setting precedence (which I assume you mean, not juris prudence which is the theory of law).

CeeV13 · Apr 7, 2010, 07:28 AM

Precedence not juris my bad. After lengthly conversations with SAAQ and Ontario I can drive the immediate suspension is for holders of Quebec Licences. I was suppose to exchange my licence at the end of the month which of course the SAAQ woman advised me to reschedule because if I do I will exchange a valid licence for a suspended one... a no brainer. I do have an excellent attorney but I like to educate myself also. My attorney said I have very valid arguments and he also confirmed that I may drive. I will now go delete my desktop countdown clock...

roslund · Jul 27, 2010, 04:28 AM

So please relay how things went or are going ! I find myself in a similar situation and would like to know how things are going for you.
My lawyer also feels my license is valid in Ontario despite the charge in Quebec. I also checked my license on the Ontario MOT site.
Thanks !

Geoca · May 10, 2011, 07:35 PM

I am in a similar situation what is he best advice, what is the best way to get an insurance after the charge,

roslund · May 10, 2011, 07:51 PM

Thanks for all the answers to CeeV13's question as it helped me too ! Found out from my lawyer that, when it comes to charges between provinces, license suspensions are not enforced outside of the province you're charged in. So, as long as you don't drive in Quebec while your license is suspended, you are not likely to have any problems... it won't show up on your info.
I am also taking mine through court as my lawyer noted 3 arguments that should get it thrown out... but no guarantees !
Of course, it's all different if you are convicted !

Reo

pinkyspitz · Jun 23, 2011, 12:56 AM

I'm in a very yucky situation, I was up till 3am with gin and tonic, had around 2 drinks, went to bed, got up at 7:30 and got in a fender bender. Cops said I smelled like alcohol so I did the breathaliser and failed, 102 istead of 80. I never imagined that would happen, since I had slept. My question is, should I just plead guilty so I can get the thing in my car as soon as possible or wait out the three months and fight it in court? I cooperated fully, since I had not gotten up and drank, it never crossed my mind thqt I could fail the test! I want my life back to normal, never had any run-ins with the law whtsoever.

JudyKayTee · Jun 23, 2011, 06:45 AM

I would do NOTHING without first consulting with an Attorney - this will affect you insurance and ability to drive for a very long time.