How to Appeal a Licence Suspension in Manitoba

March 23, 2021

Driver’s licence suspensions cause all kinds of hardships. In Manitoba, you can appeal your licence suspension to the Licence Suspension Appeal Board (LSAB). If the LSAB is satisfied you will suffer an exceptional hardship should your suspension remain in effect, and granting you a conditional licence would not be contrary to the public interest, they may grant you conditional driving privileges.

 

Your eligibility to appeal depends on why your licence was suspended. For example, if Manitoba Public Insurance (MPI) suspended it after a show cause hearing, you would be eligible. There are two ways in which you would be eligible if your licence was suspended or you were prohibited from driving because of a Criminal Code conviction: Firstly, if you want to request a conditional driver’s licence after having been convicted of an alcohol or drug-related offence, such as operating a motor vehicle while impaired, you can do so during your Court-imposed prohibition. However, it must be after you are eligible to participate in the Ignition Interlock Program. The second way requires you to have received an additional period of suspension of your licence that extends beyond whatever driving prohibition the Court imposed. If you are still serving the prohibition period from any other Criminal Code driving convictions, you are not eligible to appeal.

 

The application process involves various requirements. You will need to fill out the Application for Appeal and pay a $130 non-refundable application fee. You will also need to provide a current MPI driver’s abstract that is dated within 15 days of your application. There are various documentation requirements, depending on why you are wanting to appeal. Examples include driving requests for work, school, child custody/visitation, daycare, medical/specialist appointments, AA meetings, grocery shopping, and extracurricular activities. There are additional requirements for driving suspensions that are longer than two years, requiring a letter from yourself and support letters from others attesting to the changes you have made.

 

Should your Application for Appeal be accepted, you might be eligible to obtain a 45-day permit that would postpone your suspension until you meet with the LSAB. It is the Registrar of Motor Vehicles decision to grant the permit, not the LSAB’s. You can apply for a second permit 3-10 business days prior to the first permit’s expiration if you have not been scheduled for a hearing in front of the Appeal Board prior to the expiration. You cannot be issued a second permit once your first one has expired.

 

It can take 12-14 weeks for your appeal to get processed, so you may want to start sooner than later. Hiring an experienced criminal defence lawyer to assist you with your appeal could help you receive a conditional licence. Call Jason Malloy for a free consultation to get more information and discuss your options.

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Jason Malloy is an associate lawyer at the Theodore L. Mariash Law Office in Winnipeg, Manitoba, Canada.

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