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Please Don't Drink And Drive: The Facts You Should Know

Introduction
The purpose of the new law is to save lives, lower injury totals, lessen the trauma and human suffering and cut health care and insurance costs.

Researchers conclude even small amounts of alcohol affect drivers' judgement and prompt them to drive carelessly and take risks they would not normally take.

Research results show that a Blood Alcohol Concentration (BAC) equal to or greater than 50 mg% produces judgement, perception, and concentration errors leading to unnecessary risks and inattention to other drivers and road signs. Driver impairment increases with the amount of alcohol consumed.

For these reasons police have authority to suspend for 24 hours the driver's license of any driver found to have a BAC of 50 mg% or greater. In addition, a comprehensive anti-drinking and driving strategy for the province has been introduced and is detailed in this brochure.

Questions And Answers

WHAT IS A 24-HOUR SUSPENSION?

If you register a BAC reading of 50 mg% or greater on an approved roadside screening device, the police officer will ask you to surrender your driver's license and you will not be permitted to drive for 24 hours. If your breath reading is more than the legal limit of 80 mg%, you may also be charged under the Criminal Code of Canada.

WHAT HAPPENS IF I AM SUSPENDED FOR 24 HOURS?

The police officer will write a notice of your suspension and take your driver's licence. Your driving privileges will be suspended for the next 24 hours. When that 24 hours expires, you can resume driving. Your notice of suspension will serve as sufficient documentation to operate a motor vehicle until your licence is returned by the police, through the mail. This usually takes three or four days.

IS THERE AN APPEAL PROCESS?

Yes. You may request to have your BAC verified on the breathalyser. Three options then exist: You may retain your driving privileges; you may receive a 24 hour suspension or you may be charged with a criminal code violation (BAC > 80 mg%).

WHAT HAPPENS TO VEHICLES AND HOW DO DRIVERS GET TO THEIR DESTINATIONS?

The police officer will try to have your vehicle parked in a safe, out-of-the-way place, wherever possible and convenient. In instances where this proves difficult or impossible, it remains your responsibility to ensure the safety of your vehicle and to make appropriate arrangements to get to your destination.

ARE THERE ANY FINES OR REINSTATEMENT FEES ASSOCIATED WITH A 24-HOUR LICENCE SUSPENSION?

There is no fine for a 24-hour suspension; however, there is a $100 reinstatement fee. Your fee must be paid within 30 days and may be made at the nearest Motor Registration office or paid (cheque or money order) to the Newfoundland Exchequer at any of the mailing addresses listed below.

Failure to pay for the reinstatement fee could result in cancellation of your driver's licence by the Registrar of Motor Vehicles.

WHAT ARE THE PROVISIONS OF THE 24-HOUR LICENCE SUSPENSION?

Three 24-hour suspensions within a 24 month period will result in a 2-month suspension of your driver's licence. A fourth suspension within 24 months will bring a 4-month suspension. Fifth and subsequent suspensions bring a 6-month suspension. Multiple 24-hour suspensions will require compulsory participation in an education program and/or an alcohol dependency evaluation.

DOES A 24-HOUR SUSPENSION HAVE A DEMERIT POINTS PENALTY?

There are no demerit points attached to the 24-hour suspension.

DOES THE 24-HOUR SUSPENSION AFFECT DRIVERS WITH PROBATIONARY LICENCES DIFFERENTLY?

The Law applies equally to all classes of licences.

DOES A 24-HOUR SUSPENSION GO ON MY DRIVING RECORD?

No. Nothing will appear on your driving record regarding 24-hour suspensions unless you have received a 2-month suspension for repeated 24-hour violations. This 2-month suspension will be on your driver record

WHAT HAPPENS TO PERSONS CAUGHT DRIVING WHILE THEIR LICENCE IS UNDER 24-HOUR SUSPENSION?

In addition to charging you under the Criminal Code of Canada, or the Provincial Highway Traffic Act, the police now have the power to invalidate the licence plates of the vehicle you are driving. Also, the police can place a 'VOID' sticker over your plates and the vehicle will have to be towed. You will have to return the 'VOID' plates to the Motor Registration Division and purchase a replacement set.

HAVE REGULATIONS CHANGED REGARDING DRIVERS' LICENCE SUSPENSIONS FOR CRIMINAL CODE CONVICTIONS FOR EXCEEDING THE 80 MG% BAC LIMIT?

Revised regulations now provide for drivers' licence suspensions of 12 months for a first Criminal Code of Canada offence, 24 months for a second offence within 5 years and 36 months for a third and subsequent offence committed within 5 years.

WHERE MAY I OBTAIN MORE INFORMATION ON QUESTIONS ARISING OUT OF THE AMENDMENTS TO THE HIGHWAY TRAFFIC ACT ON 24-HOUR SUSPENSIONS?

You may make inquiries by writing, phoning, or faxing:

Highway Safety Section
Motor Registration Division
Department of Works, Services, and Transportation
P.O. Box 8710
St. John's, NF A1B 4J5


Phone: (709) 729-2502 Fax: (709) 729-6955

PLEASE DON'T DRINK AND DRIVE!

Mailing Addresses for Payment of Reinstatement Fees:

Motor Registration Division           Motor Registration Division
P.O. Box 8710	                      Provincial Building
St. John's, NF                        3 Cromer Avenue
A1B 4J5                               Grand Falls-Windsor, NF
                                      A2A 1W9

Motor Registration Division
Sir Richard Squires Building
Corner Brook, NF
A2H 6J8

For additional information, please contact one of the following Addictions Services Offices.


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