CLIENT'S LICENCE REINSTATED AFTER WRONGFUL CONVICTION

The client retained Mr. Lewandowski after he was convicted of leaving the scene of an accident and evading police. As part of his penalty, the trial judge imposed a six month driving prohibition. The Criminal Code sets out periods of prohibition, where the accused is not allowed to operate a motor vehicle anywhere in Canada. The prohibition applies to any motor vehicle, including cars, motorcycles, lawnmowers, boats, and even motorized wheelchairs, (but somewhat paradoxically not to railroad equipment). For some accused, the length of the prohibition is the most important factor. In this case, the six month prohibition was, on its face, a fair sentence. However, the Ministry of Transportation operating under the auspices of the provincial Highway Traffic Act then suspended the clients licence for a full year. This was devastating to the client, who relied on his vehicle for work. Thus, upon filing the appeal, an application was set down to stay the driving prohibition pending the appeal. The application was granted and the clients licence reinstated less than three months into the sentence.