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My employee got a 24 hours driver license suspension from a…

My employee got a 24...
My employee got a 24 hours driver license suspension from a Department of Transportation employee because he looked tired. Is this real?
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Answered in 49 minutes by:
11/21/2017
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,515
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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No it's not quite accurate.

It sounds like he got a 24 hour roadside suspension and that would be for driving while impaired.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Is there anything more I can help you with at this point in time?

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Customer reply replied 7 months ago
I will attach a picture of the ticket if that helps? My employee was sober and had just started his work shift. I don’t know what steps to take to fight this.
The document is hard to read. From what I can see all they did was seize his car for 24 hours. Isn’t that the case? And if it is a case then why do you feel that you need to find anything?
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Customer reply replied 7 months ago
They suspended his drivers license for 24 hours. He was supposed to drive to work but instead he was stuck road side because the officer said he looked impaired. My employee suggested calling the RCMP for a breathilizer but the officer said it was his right to suspend him even without proof. I would like to fight the ticket and make an example of this clown since this isn’t the first time he’s cost my company money with childish garbage. Can you help me?

But he wasn't fined was he?

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Customer reply replied 7 months ago
He wasn't fined but I had over a million dollars worth of equipment sitting that my employee couldn't get to.

Did you lose income because of that?

And are you saying that your employee did not deserve this ticket? It sounds like he had pulled the car over and was sleeping at the side of the road?

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Customer reply replied 7 months ago
Thanks for your time.

I have not provided an answer yet? What are you rating?

I asked you some more questions?

You just completely decimated my stats and also have caused me to work for free when I am simply gathering the necessary information so that I can then provide you with a full and accurate answer.

I don't understand what you are doing.

Please explain.

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I am sitting here and hoping for a response. I can see that you read my reply. Do you understand that you rated an information request and not an answer?

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Customer reply replied 7 months ago
I seems you are more concerned about stretching this out,But he wasn't fined was he? - Not relevant!Did you lose income because of that? - Obviously!It sounds like he had pulled the car over and was sleeping at the side of the road - Where did you get that from?My employee drivers licence got suspended for 24 hours on his way to work in the morning because he looked tired; is this a valid suspension? Yes or no?

Why would I want to stretch it out? I have other things to do rather than stretch this out. I don't get paid more for spending more time with you. In fact your question price is lower than what is permitted on the Canada law list. I took it anyone as I felt badly for you. The amount I get paid no matter how long I spend with you is nominal and has nothing to do with how long I spent with you.

I thought he was sleeping because how else would the police officer see that he was stopped and appeared so fatigued they though he was impaired in terms of his ability to drive?

The suspension is valid so long as the officer had reasonable grounds for believing that your employee had a physical or medical condition (including fatigue or lack of sleep) that affects his ability to drive safely.

The law is clear and that officer has the right to suspend the licence if this is what the officer suspects based on their observations.

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Customer reply replied 7 months ago
Fair enough Debra,If I understand correctly the officer has the right to suspend our employees license if he wishes with no proof of blood alcohol level or hours worked. If he feels the employee is unfit to drive there is nothing I can about it?

That is correct.

This is an administrative suspension rather than a ticket. That means there is no trial and no conviction but there is also no meaningful way around it. If there is a long suspension there is a way to review the decision but that will not affect a 24 hour suspension and it would not be an admission of an error.

If you were to sue you could not succeed unless you could prove that the office did not have reasonable grounds for suspecting fatigue that could place your employee or others at risk from unsafe driving.

Debra
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Category: Canada Law
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