Refusal or failure to comply with a demand to blow into an approved screening device (ASD)

Consequence to Refusal or failure to comply with a demand to blow into an approved screening device (ASD)

Refusal or failure to comply with a demand to blow into an approved screening device (ASD)

A peace officer who has in his possession an approved screening device may, in the lawful exercise of his powers, order the person operating a motor vehicle to immediately provide the samples of breath that the police officer peace considers necessary.

On the other hand, if a peace officer has reasonable grounds to suspect the presence of alcohol in the body of a person who has driven in the previous 3 hours, he can, by demand, require the person to immediately blow into an ASD.

Commits an offense to a person who, without reasonable excuse, knowing that a demand has been made, fails or refuses to comply without delay with the demand.

 

Refusal or failure to comply with a demand to blow into an approved breathalyzer

A peace officer who has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by alcohol or drugs, or with a rate of blood alcohol content greater than 80 mg per 100 ml of blood (following an ADA failure), the officer may, by demand, require the person to provide samples of breath in a breathalyzer and to follow him to the police station for the test to be done.

A peace officer who has reasonable grounds to believe that a person has operated a conveyance while the person’s ability to operate it was impaired to any degree by the effect of alcohol or that they have, in the two hours following the moment when they stopped driving a means of transport, a blood alcohol level equal to or greater than eighty milligrams of alcohol per hundred milliliters of blood may, provided he does so as soon as possible, by demand, require the person to provide samples of breath that, in the opinion of a qualified technician, are necessary for proper analysis using an approved breathalyzer. The peace officer can also order the person to follow him so that blood or breath samples can be taken.

Commits an offense to a person who, without reasonable excuse, knowing that a demand has been made, fails or refuses to comply without delay with the demand.

Sanctions

For these two situations, the highway safety code includes immediate measures which are: an immediate suspension of the driver’s license for a period of 90 days, 30 days of seizure of the vehicle and a risk assessment.

In the event that a person is found guilty of this offense, the criminal code imposes a minimum penalty of a $2,000.00 fine, a criminal record and a 1-year driving ban for a first offense. Added to this are the sanctions contained in the Highway Safety Code which include: a revocation of the driver’s license for 3 years (concurrent with the 1-year ban imposed by the criminal code) with the possibility of driving a vehicle equipped with an alcohol ignition interlock device, then a maintenance assessment or a comprehensive assessment. Following the 3-year revocation period and successful completion of the assessment, there is a 2-year period during which the use of an alcohol ignition interlock device is mandatory. There will therefore be a total period of 5 years during which the use of an alcohol ignition interlock device will be compulsory.

Contact us for further information:

Quebec: 514 990-7884

Other Regions:
1 877 990-7884

Fax:
450-934-3414

SolutionTicket.com’s Team
“The solution to your ticket problems in Quebec”
229-3221, Autoroute Laval O., Laval (Qc) H7P 5P2

Email:  info@solutionticket.com

Hearing before La Commission des transports du Quebec

représentation à la cour

Preparation for a hearing before the Commission des transports du Quebec for the owner or operator of heavy vehicles.

If you are summoned by the Commission des transports du Québec
to verify your behaviour as an owner or operator of heavy vehicles or
as a driver of heavy vehicles, we can assist you.

Our lawyers will offer you the necessary preparation for
the hearing before the Commission des transports du Québec. They
will also accompany you to make representations before the
commissioner responsible for the study of your case. This assistance
from our lawyers will maximize your chances of maintaining a safety
rating at the "satisfactory" level and retain your privilege to drive
heavy vehicles.

We know that these hearings are important and that they allow you to
retain your right to practice your profession.

We help truckers or truck fleet owners (PEVL, CVOR or CVL) !

We represent Owners and operators of heavy vehicles all over Quebec in numerous Penal and criminal proceedings, including:

Infringements relating to the log book:

  • Poorly completed daily log;
  • Failure to respect rest hours;
  • Other offenses related to the log book;

Regulation respecting load and size standards applicable to road vehicles and combinations of road vehicles:

  • Load or excess mass;
  • Traffic prohibited for the dimensions of the load transported;
  • Non solid loading;
  • Prohibited area – prohibited traffic;
  • Dangerous goods;

Infringements relating to compulsory checks to be carried out on heavy goods vehicles:

  • Mechanical verification report;
  • Not equipped with two red position lights;
  • Faulty license plate lights;
  • Identification number absent;
  • Mudguards absent;
  • Tires with non-conforming anti-slip;

Offenses relating to regulations specific to truckers:

  • Excess load without special permit;
  • Heavy vehicle with minor defect;
  • Heavy vehicle not equipped with a lashing system;
  • Recirculation of a heavy vehicle without SAAQ approval;
  • Failure to mechanical check;
  • Speed ​​limiter not activated;
  • Exceeding the planned emission standards;
  • Lack of identification number;
  • Driving during a sanction;
  • Owner who lets a sanctioned trucker drive;
  • Driving on unauthorized tracks;
  • Obstruction of an intersection;

Offenses relating to the Highway Safety Code (Specific to heavy goods vehicle drivers and those applying to all classes of license):

  • Wearing a seat belt
  • Stop-Stop
  • Red light
  • Double line of demarcation
  • Defective red or yellow position lights
  • Hit and run
  • Dangerous driving
  • School bus
  • Security corridor
  • Driving cell
  • Speed ​​and GEV
  • etc.

Heavy vehicle driver:

Be vigilant and avoid being double penalized! Did you know that the same offense could result an accumulation of demerit points and PEVL and CVL points? For example, the driver who is found guilty of using a cell phone or portable device Article 443.1 Code de la sécurité routière du Quebec is imposed demerit points on his personal driving record and PEVL or CVL points on his heavy vehicle record.

It is also important to be aware that an infraction that does not involve any ‘regular’ demerit point can result in different consequences for drivers of heavy vehicles. In addition, an infraction for a yellow light does not include demerit point, but results in 3 demerit points  PEVL or CVL  in your file related to heavy vehicles.

If you are a trucker or fleet owner.

Do not wait for it to be too late, contact us !

Contact us for further information:

Montreal Region:
514 990-7884

Other regions of Quebec and Ontario:
1 877 990-7884

Fax:
450-934-3414

The SolutionTicket.com team
“The SOLUTION to your ticket problems everywhere in Quebec”
229-3221, Laval Highway West (440), Laval (Qc) H7P 5P2

Email:  info@solutionticket.com

TAXI & UBER Drivers

Chauffeur Taxi ou Uber

HOW TO CONTEST A TICKET TAXI, LIMOUSINE AND UBER DRIVER

HOW TO CONTEST A TICKET for UBER DRIVER

Requirements for UBER drivers:

  • Your Uber Center will request an up-to-date driving record periodically;
  • Driving Licence Class 4C; 
  • To obtain a Class 4C license, you must hold a valid regular or probationary Class 5 driver’s license for at least one year and pass: 
  • Medical examination;
  • Eye examination;
  • Written Test;

To be eligible to drive, you must not have more than:

  • MAXIMUM of 3 minor offences in the last 3 years;
  • No major offences in the last 3 years;

Types of minor offences:

  • Not using the Uber Sticker;
  • Speeding less than 50 km / h;
  • Crossing a demarcation line;
  • Failure to yield to pedestrians and cyclists at an intersection;
  • Not wearing your seat belt;
  • Failure to stop at a red light, or failure to completely immobilize your vehicle at a stop sign; 
  • Not coming to a full stop before turning right at a red light where this turn is allowed;
  • Pass another vehicle from the right or left. 

 

Types of major offences: 

  • Mechanical verification certificate;
  • Speeding more than 50 km / h
  • Passing several vehicles by weaving in and out of traffic (dangerous driving);
  • Speed excess in school zone; 
  • Refused to provide a breath sample or failed to comply to a police officer; 
  • Speeding or reckless driving;
  • Carrying out a prohibited passing manoeuvre in a lane reserved for oncoming traffic;
  • Failing to perform one’s duty when involved in an accident, for example, failing to provide one’s name and address to the parties concerned or to the police;

Fight Your Ticket !

You were distracted a few seconds … and don’t want to get demerit points.

SolutionTicket.com will fight your traffic tickets for you, helping you save your points and licence.

Call us now ! 514-990-7884

Contact us for further questions

Montreal Region:
514 990-7884

Other Regions – Quebec – Ontario:
1 877 990-7884

Fax:
450-934-3414

SolutionTicket.com’s Team
“The solution to your ticket problems in Quebec”
229-3221, Autoroute Laval O., Laval (Qc) H7P 5P2

Email:  info@solutionticket.com

Criminal Charge

accusation au criminel

Criminal Law Accusations

You are accused of a criminal offense and look for a lawyer to build your defense?

Ours Lawyers can help you out.

On top of representing all Solution Ticket‘s clients for their penal needs (Code de la sécurité routière offenses), we can also help you if you are facing criminal accusations, such as:

  • Impaired Driving
  • Dangerous Driving
  • Drug Possession
  • Traffic, production or drug growth
  • Fraud
  • Theft, Resell
  • Mischieve
  • Criminal Harassment
  • Assault and Death Threat
  • Obstruction of Justice
  • Appeal of first instance case
  • Pardon Request in Canada
  • Waiver (USA)

We are here to help !

Acting quickly on a criminal charge is paramount.

You don’t find the accusation you are facing above?
Our lawyers have the expertise in order to advise you on the best options to take for your case.

Contact our lawyers in criminal and penal law to get more information. 514 990-3430

Contact us for further questions

Montreal Region:
514 990-7884

Other Regions – Quebec – Ontario:
1 877 990-7884

Fax:
450-934-3414

SolutionTicket.com’s Team
“The solution to your ticket problems in Quebec”
229-3221, Autoroute Laval O., Laval (Qc) H7P 5P2

Email:  info@solutionticket.com

Release from Seizure

Mainlevée de saisie tribunal

Release from seizure

To get your ceased vehicle back you need to do a Release from Seizure vehicule.

Vehicle seizure:

There is different reasons for seizure of a vehicule for 7, 30, or 90 days including these:

1. The driver’s licence has been suspended or revoked.
2. The driver does not hold a valid driver’s licence or does not hold a licence of the appropriate class for the vehicle being driven.
3. The driver has not abided by the obligation to drive only a vehicle equipped with an alcohol ignition interlock device or has failed to abide by the terms and conditions of use of the device.
4. Driving while impaired by alcohol or drug under certain conditions and in the case of a repeat offense.
5. The driver omits or refuses to comply with an order of the police officer given under the Criminal code.
6. The driver is pulled over for excessive speeding.
7. The driver is participating in a street race, wager or stake.
8. The driver offers or provides a taxi transportation service without holding the appropriate licence class and a taxi permit.
9. The driver is driving a heavy vehicle after having been prohibited from doing so by the Commission des transports du Québec (CTQ).

IMPORTANT: you won’t have a second chance !

SolutionTicket.com has the expertise you need to do a Release from Seizure right the first time.

Contact us for further questions

Montreal Region:
514 990-7884

Other Regions – Quebec – Ontario:
1 877 990-7884

Fax:
450-934-3414

SolutionTicket.com’s Team
“The solution to your ticket problems in Quebec”
229-3221, Autoroute Laval O., Laval (Qc) H7P 5P2

Email:  info@solutionticket.com

Restricted Licence Request

How to obtain a restricted license? 

Did you know that even if your license has been suspended, it may be possible to obtain a restricted license which will give you the right to drive? Indeed, depending on the circumstances, if your license was suspended because you broke the law and you need your driver's license for your job, it may be possible to obtain a restricted license.

What you need to know about getting a restricted driving license

(see the text of the law of the Société d'assurance automobile du Québec (SAAQ): articles 118 to 125 of the Road Safety Code)

The purpose of the request to obtain a restricted driving license is to ask a judge of the Court of Quebec to order the Société de l'assurance automobile du Québec to issue the applicant with a restricted driving license, continued to the suspension of his driving license due to the accumulation of demerit points.

There are two types of restricted driving license:

The restricted driving license issued by order of a judge of the Court of Quebec to a driver whose driving license has been revoked or suspended.
The restricted driving license issued to people guilty of driving while impaired.
The holder of a learner's permit cannot obtain a restricted driving license.
Restricted driving license linked to accumulation of demerit points
A person whose probationary driving license has been suspended or whose driving license has been revoked for the first time in the last two years due to an accumulation of demerit points, can obtain a restricted driving license of a duration of three months.

The restricted driving license authorizes its holder to drive a road vehicle only as part of the main work from which he earns his livelihood.

In both cases, we can help you obtain a restricted driving license!

Do not wait

However, it should be noted that there is a delay of 10 days from the submission of the permit application before said permit is obtained. It is therefore important to contact us as soon as you receive your letter from the SAAQ.

Call us now to start the request.

Contactez-nous pour de plus amples informations:

Montreal region:
514 990-7884
Other regions of Quebec and Ontario:
1 877 990-7884

Fax: 450-934-3414

The SolutionTicket.com team “The SOLUTION to your ticket problems throughout Quebec” 229-3221, Autoroute Laval W., Laval (Qc) H7P 5P2 Email: info@solutionticket.com