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On your first offence of impaired driving, driving with a blood alcohol content over 80, or refusing to give a breath or blood sample there may be minimum penalties. The minimum penalties that a judge must impose in Canada for a first offence would be a fine of at least $1000 and prohibition from driving anywhere in Canada for at least one year. The existence of a pardon or suspension of conviction may cause a second or third offence to be treated as a first in Canada. A second offence which occurred at a point in time before the actual conviction for the first may also be treated in Canada as a first offence for Criminal Code purposes.
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The Highway Traffic Act of Ontario provides for a minimum licence suspension of one year for a first offence. This automatic minimum suspension for a first offence occurs because of section 41 of the Ontario Highway Traffic Act
. There are no exceptions for employment.
The lookback period
for determination of whether an offence constitures a prior is 10 years in Ontario. To calculate whether an offence is a prior offence for purposes of the Highway Traffic act consider the sequence of convictions.
The lookback period for determination of whether an offence constitures a prior is 10 years in Ontario. To calculate whether an offence is a prior offence for purposes of the Highway Traffic act consider the sequence of convictions.
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