Muenz Law Office Calgary Criminal Defence Lawyer

How to appeal a notice of suspension on a driver's licence

If you have received a notice of driver's licence suspension, you may want to try and appeal it. The first thing you have to do in this process is buy an Application for Hearing. Those are purchased at any Alberta Agent office and there are two kinds of Appeal Applications: 1) non-oral, which costs $125 and requires written submission, and 2) oral, which costs $250 and requires you to personally appear in front of the board. If the appeal is successful, however, this application cost will be refunded.

As per the Traffic Safety Act, section 45 indicates that the board needs to receive your application hearing within 30 days the driver's licence suspension issuance date. Faxes are not acceptable; the board has to receive your original application within this time frame.

There is a "Required Information" section that needs to be completed, and you have to send a copy of the Notice of Suspension provided to you by the peace officer along with a copy of your Certificate of Analysis in the event you were given a breath test.

Keep in mind that the court does not consider hardship as a reason to cancel your suspension. Furthermore, your hearing application will not affect your suspension, which will stay in effect throughout the appeal process. Usually, the Board will try to hear and decide your matter within 30 days of its submission.

Having a suspended driver's licence can be a life-altering event as it can affect you ability to get around town and carry out your job duties. Therefore, Alberta residents may want to get assistance from a criminal law lawyer to help them with the process of appealing their suspension to ensure they are doing it the best way possible.

Source: Alberta Transportation, "Appealing a Notice of Suspension/ Disqualification," accessed May 13, 2016

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Muenz Law Office Calgary Criminal Defence Lawyer

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