Suspended or Prohibited as a result of a Criminal Code Conviction
You can appeal to the Licence Suspension Appeal Board (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 that extends beyond any court-imposed driving prohibition
While you are serving the prohibition period when you are convicted of any other driving offences(s) under The Criminal Code, you are not eligible to fil an Application for Appeal.
Additional information that must be provided
If you are suspended for a period of longer than two (2) years, you will have to provide the following additional information with your application:
- Personal Letter, written by you, explaining your circumstances, the changes you have made since the incident(s) occurred and why you feel it would not be against the public interest for the Board to allow conditional driving privileges at this time.
- Support letters 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 offence(s) are alcohol or drug related, you will have to provide the information above, along with the following additional information below, when you submit your Application of Appeal:
- Personal letter, identified above, referencing your present consumption and/or habits
- Support letters from individuals, identified above, referencing the changes you have made regarding your consumption and/or habits
- If you are attending AA/NA/CA or similar meetings, a letter from your sponsor/leader confirming your participation and date of abstinence
- If you have completed a treatment program(s), a letter from the facility/counsellor confirming your participation, the duration of the program and your date of abstinence
- If you are unable to provide confirmation from an AA/NA/CA sponsor or a treatment facility, the Board would consider a letter from your medical physician confirming your date of abstinence or present consumption and habits
In addition to the above, during the Hearing you will be asked the following questions:
- Have you attended Addictions Foundation Manitoba (AFM)? If yes, 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? Do you currently have a sponsor?
- What is your “sober” date?
- What is your current practice with alcohol/drugs?
If the Licence Suspension Appeal Board (LSAB) grants a conditional driver’s licence, it is typical for the Board Order to be limited at first so that you can show you will follow the conditions placed on your driver’s licence.
If you have a lengthy suspension (5 years or more), the Board may consider expanding and granting further driving privileges when the Board is satisfied that a satisfactory period of compliance has passed (generally after 3 years) and the driving record continues to demonstrate no further Highway Traffic Act or Criminal Code offences.
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 have 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
Lifetime Suspensions and Full Remission
The Board has the jurisdiction to grant a full remission - meaning lifting a suspension entirely. However, full remissions are granted on a case-by-case scenario. 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 nine (9) to ten (10) years.
When filing an Application of Appeal, 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 Guidelines (PDF) as with any other Appeal Application.
For those who are serving a lifetime suspension(s), the Board generally follows this progression:
Phase 1: Upon first granting a Conditional Driver’s Licence, the Board may consider granting driving privileges to and from work and/or in the course of employment only. The general guideline is that Appellants remain on this Board Order for approximately three (3) years. For example: Driving for “ABC Company”, Monday to Friday, 7:00 AM until 7:00 PM.
Phase 2: After three (3) years (end of year 3 on a Board Order), a new Appeal Application can be filed and if there are no further public safety concerns, the Board may consider a Board Order that adds some personal driving. The general guideline is that Appellants remain on this subsequent Board Order for an approximately another three years. For example: Driving for “ABC Company”, Monday to Friday, 7:00 AM until 7:00 PM; AND driving for personal reasons on Saturday from 7:00 AM until 7:00 PM.
Phase 3: After three (3) years (end of year 6 on a Board Order), a new Appeal Application can be filed and if there continues to be no further public safety concerns, the Board may consider a Board Order that includes specific times with no restrictions. The general guideline is that Appellants remain on this subsequent Board Order for approximately another three years. For example: Driving with no restrictions between 5:00 AM and 10:00 PM.
After three (3) years (end of year 9 on a Board Order), a new Appeal Application can be filed and if there continues to be no further public safety concerns the Board may 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.
