Additional Information if Your Driver’s Licence is Suspended or Prohibited as the Result of a Criminal Code Conviction

You can appeal to the LSAB for a conditional Driver’s Licence under the following two circumstances:

  • You are convicted of Impaired Driving or other alcohol and/or drug related offences and want to ask for a conditional driver’s licence during the court-imposed prohibition after you are eligible to apply for participation in the Ignition Interlock Program
  • You have an additional period of suspension of your driver’s licence imposed by the Manitoba Registrar of Motor Vehicles that extends beyond any court imposed driving prohibition

LSAB is not an option when:

  • You were convicted of any other driving offense(s) under the Criminal Code and are prohibited from driving.

Additional Information That Must be Provided

You will have to provide the following additional information with your application:

  • Alcohol reporting letter
    • You must provide a copy of your Manitoba Public Insurance Alcohol reporting letter. The letter indicates if you have further reports that are required, when they are required or if no further reports are required. Please remember to provide the Licence Suspension Appeal Board Office with updated copies of the letter prior to the Hearing
  • Support Letters
    • If you are suspended for longer than one (1) year you are required to provide support letters from members of your community, family, friends, and/or co-workers. If you cannot or do not want to provide support letters you can submit a waiver of support letters by filing a Revocation of Driving Request (Adobe file 51 KB) form. However, the Board will not consider any support letters during the Hearing if a Revocation is filed
  • Personal Letter
    • You will also be required to provide a letter, written by you, explaining to the Board your circumstances and changes that you have made since the incident(s) occurred
  • If your offences are alcohol or drug related, your letter and letters of support should focus on your present consumption and/or habits

In addition to the above during the Hearing you will be asked the following questions:

  • If you have attended Addictions Foundation Manitoba (AFM), when and what process did you go through with AFM?
  • For example - did you attend a day course, did you attend a group session, and have you met one-on-one with a counsellor?
  • Are you attending Alcoholics Anonymous/Narcotics Anonymous and do you currently have a sponsor?
  • If AFM assessed findings that you had a diagnosed issue with alcohol/drugs are you rated at risk to re-offend?
  • What is the date you quit using alcohol/drugs? What is your current situation with alcohol/drugs usage?
  • Have you had any previous alcohol or drug offences that do not appear on your current record?
  • If the Board grants a conditional driver’s licence it is typical for the orders to be limited at first so that you can show you will follow the conditions that have been placed on your driving
  • If you have a lengthy suspension (5 years or more) the Board may be willing to consider expanding and granting some further conditions if and when the Board is satisfied that the conditions are being followed and the driving record continues to demonstrate no further Highway Traffic Act or Criminal Code offenses

The Board is only able to consider an exemption for the Ignition Interlock (II) Requirement when:

  • The court ordered prohibition has ended (for example, for the duration of any further suspension imposed by MPI, typically during a 5-year, 10-year, or lifetime suspension)
  • The Board must consult with the Registrar of Motor Vehicles about the exemption being considered. Generally this will be a report provided by MPI indicating your current participation in the program and if there has been any concerns
  • If the Board is satisfied that an exemption is necessary for you to be employed
  • Then the exemption can be made ONLY in the course of employment in a vehicle that is owned, leased or rented by the employer and cannot be equipped with an II device

5-Year, 10-Year and Lifetime Suspensions

  • You are required to provide a letter from yourself and support letters OR complete a waiver indicating that you will not be filing letters of support.
    • Provide a letter from yourself indicating the changes you have made and why you feel it would not be against the public interest for the Board to allow conditional driving privileges at this time.
    • Provide letters of support from individuals who can attest to the changes you have made such as family members, co-workers, members of the community, probation officers etc. These letters must include the person’s full name, signature, telephone number and should also state their relationship to you.
    • If your offences are alcohol or drug related, your letters of support should focus on your present consumption and/or habits. If you are attending AA or similar meetings, a letter from your sponsor confirming your date of abstinence should be submitted.

Lifetime Suspensions and Full Remission

The Board has the jurisdiction to grant a full remission - meaning lifting a suspension entirely. However, full remissions are extremely rare. Less than 1% of applications received each year are granted a full remission.

Typically, a full remission has only been granted to individuals who have been on a Board Order for an extended period of time, normally between 6 to 10 years.

When filing an application you can request that the Board consider a full remission or if they are not satisfied that full remission is appropriate to consider granting additional conditions.

  • You will be required to submit supporting documents in accordance with the Documentation Requirements as with any other Appeal Application

For those who have a lifetime suspension(s) the Board generally follows this progression:

  • Upon first granting a Conditional Driver’s Licence the Board may grant driving only to and from work and in the course of employment. The general guideline is that Appellants remain on this Board Order for approximately three years.
    • For example: Driving for “ABC Company” Monday to Friday between 7:00 am until 7:00 pm
  • After three years (year 3 on a Board Order) a new Appeal can be filed and if there is no further public safety concerns the Board may consider a condition that adds some personal driving. Again, the general guideline is that an Appellant will be on this Board Order for an additional three years.
    • For example: Driving for “ABC Company” Monday to Friday between 7:00 am until 7:00 pm; AND Driving for personal reasons on Saturday from 7:00 am until 7:00 pm
  • After three years (year 6 on a Board Order) a new Appeal can be filed and if there continues to be no further public safety concerns the Board will generally consider granting driving during specified times with no specific restrictions. Again the general guideline is that an Appellant will be on this Board Order for an additional three years.
    • For example: Driving for any reasons between 5:00 am and 10:00 pm
  • After three years (year 9 on a Board Order) a new Appeal can be filed and if there continues to be no further public safety concerns the Board will generally consider granting a full remission.
  • It is recommended that you do not file an application for full remission if you are not currently on a Conditional Driver’s Licence, or have held one for less than 3 years.

Consequences of Seeking a Full Remission Only

You may submit an Application with a declaration asking for a Full Remission Only (Adobe file 51 KB); however, this means that the Board will only consider a full remission and nothing else.

If you file an Appeal asking for a Full Remission Only and

  • You are not currently on a Conditional Driver’s Licence, and the Board does not grant the full remission:
    • You will not have any driving privileges.
    • You must wait 3 years to file a new Appeal Application.
  • You are currently on a Conditional Driver’s Licence, and the Board does not grant the full remission:
    • You will not be able to file for additional driving conditions
    • You will only be able to have the current conditions on your licence
    • You must wait 3 years to file a new Appeal Application