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Copperlaw
Copperlaw, Lawyer
Category: Canada Law
Satisfied Customers: 2012
Experience:  Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.
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My driver's license has been suspended because I told a

Customer Question

Hi,
My driver's license has been suspended because I told a doctor about my dependence on alcohol as an aid in alleviating anxiety and stress. I asked him for help. His help was to get my license suspended. I have a pristine driving record. I've never even had a speeding ticket. Now I am housebound and not able to access any help that I require, if indeed there is any out there. My own doctor has been trying for the last 4 months to find help for me, but to no avail. But that is a different issue. Can you please advise me as to what the ministry requires in order for me to get back my license? My doctor is not familiar with the process, even when I showed her the letter that I was required to give her. I would really like to get this issue resolved so that I can at least drive to any counselling sessions that I may ultimately find. Also, I am supposed to go to physiotherapy. It is very hard to depend on my husband and son for transport, as they both have jobs. And the public transit system is virtually non-existent. Plus cab fare is well out of my reach due to all of the appointments that I should be going to. Thanking you in advance.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Copperlaw replied 1 year ago.

Good evening, I would be happy to assist you with this question.

I am sorry to hear that this has happened to you. Physicians are required by law to report certain risks to the Ministry of Transportation or they can find themselves in serious trouble, however the manner in which this is done nowadays is sorely lacking in any consideration. Doctors should be discussing this with their patients and conducting more in depth interviews regarding any issues.

But you are now in this predicament and need to get out of it. The MTO will require a letter from your doctor, indicating that there is no risk for you to drive, that the proper steps have been taken to ensure this and you pose no more risk than the average person and that your condition, if one exists, is under control. The MTO requires this to relieve them of any liability in permitting you to drive.

The MTO should have sent you a form for your doctor to fill out and I'd be surprised if your doctor has never seen one before. This should be filled out and faxed to the MTO from the doctor's office. Your doctor can also send in a letter on letterhead confirming that they are and have been your doctor for some time and you are under their care, that they are fully aware of all of your personal health issues and see and monitor you regularly and that in their opinion, there is no reason for your driving privileges to be suspended.

Alternatively, see if the doctor who sent in the original letter will send a follow up to clear you based on a recommendation from your own doctor.

Please let me know if you require any further assistance.

Jim

Customer: replied 1 year ago.
My doctor is not willing to put herself on the line. She feels like she has to guarantee my ability to drive safely which she is not willing to do. And really, who could guarantee such a thing. She is protecting herself, which I totally understand. I need an alternative approach.
As I stated before, I have never had an issue with driving. But I seem to need a more aggressive approach to prove this and to get my license back. Please re-advise.
Thank you.
Expert:  Copperlaw replied 1 year ago.

I apologize for the delay, however I've been up to my eyeballs in a trial the last couple of days.

I can certainly understand, as you do it seems, that your doctor also wants to ensure that she has no liability by providing a letter to the MTO.

So the thought is then, how do you go about ensuring your doctor that there is a way to monitor you, to ensure that she is covered from a liability standpoint and can be aware of what is going on and what risks might exist. Have you discussed with your doctor whether there are any options available to you to monitor you on an ongoing basis so that you can get your license reinstated? This would also be dependent upon your condition and whether or not you could abstain from alcohol since this is the concern. Understandably, if you have a significant dependency or addiction, abstinence would prove to be extremely difficult, but it certainly would help resolve the situation.

There are medications that you can take which would prevent you from drinking, making you quite ill if you were to consume alcohol. The doctor could test you regularly to ensure that you are taking the meds and thereby ensuring that you would not be drinking. There are also other prescription alternatives to dealing with your anxiety and overall condition that may help to alleviate the need to turn to the bottle for an escape.

Ultimately, the only way the MTO will reinstate your license is with a confirming letter from your physician, so you'll have to work with her to find a solution that works for you and helps to satisfy her concerns.

I wish you the best of luck with this issue and I also wish you all the best in dealing with the overall issues that have gotten you to this point.

I'm happy to chat further if you would like.

Also, please take a moment to leave me a positive rating if you would be so kind.

Warm Regards

Jim

Customer: replied 1 year ago.
You don't seem to have received the email above. To this point, you have only sent me info that I already know, except for the point of asking the doctor who made the report to the MTO to follow up and clear me based on the recommendations of my own doctor.
I need much more specific info.
1) What type of alcohol treatment program, and for what duration, will the ministry deem as sufficient in order for me to regain my license?
2) You didn't mention the appeal process. Please advise.
3) Would a lawyer be able to expedite the return of my license?
4) If the answer question #3 deems that retaining a lawyer would be beneficial, where do I find one, what fee may he charge and what can I expect him to do?
Customer: replied 1 year ago.
You still haven't answered my questions. Please see email sent Oct. 30
Customer: replied 1 year ago.
This is Nov. 2 and still no reply other than to rate you. You have not answered my questions, and I most likely will be asking for a refund.
Customer: replied 1 year ago.
I would please like a refund.