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ARE ADMINISTRATIVE LICENSE SUSPENSIONS LEGAL?

 If you’re stopped by police and you blow a warn (over .05 blood alcohol concentration) or fail (over .08 BAC) on an approved screening device the police officer will suspend your driver’s license for 3 or 90 days respectively – whether you’re guilty of an offence or not and without a trial to determine it. It’s called an administrative license suspension. Is this valid regulation of the highways or criminal punishment? In other words, is it constitutional? Finally, our highest court will decide, next month.

Toronto litigators to argue Supreme Court of Canada breathalyzer law case – Litigation Update | Stikeman Elliott LLP.

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