Roadside Suspension Appeals
An immediate administrative driver’s licence suspension is imposed for drivers who drive while having an illegal amount of alcohol in their body or who refused without reasonable excuse, to comply with a demand for a breathalyzer. Additional information about driver’s licence suspensions can be found on SGI's website.
If you were issued an immediate roadside administrative licence suspension by law enforcement, you may appeal SGI’s decision to suspend your driver’s licence to the Highway Traffic Board (HTB). You have 90 days from the day you received the notice of suspension to file your appeal.
The following roadside administrative licence suspensions are eligible for appeal to the HTB:
- 3 day experienced driver roadside administrative licence suspension
- 21 day experienced driver roadside administrative licence suspension
- 90 day experienced driver roadside administrative licence suspension
- 60 day new driver roadside administrative licence suspension
- 120 day new driver roadside administrative licence suspension
- 1 year new driver roadside administrative licence suspension
- indefinite roadside administrative licence suspension
What am I appealing?
You are appealing the administrative driver’s licence suspension. The main issue is whether the HTB is satisfied that you:
- Drove a vehicle with an illegal amount of alcohol in your body; or
- Refused without reasonable excuse, to comply with a demand for a breathalyzer sample
Please note that hardship is not a factor in these appeals. A restricted driver’s licence cannot be considered for these appeals.
It’s important to note that the administrative suspension is a distinct and separate issue from the Criminal Code charge. You do have the option of legal representation when you appeal.
Filing a roadside suspension appeal
To have your appeal heard, you must:
- visit an SGI motor licence issuer and purchase a $100 roadside appeal receipt. As of January 1, 2017 this receipt will cost $175
- choose what type of hearing you would like – face-to-face or written
Once you purchase your receipt, you are required to submit a copy of your receipt and a letter to the HTB. The letter requires the following information:
- Written appeal letters
- Detailed account of what happened so the HTB has all the information to understand the circumstances.
- Oral appeal letters
- Must have a brief description of the circumstances.
- Daytime phone number, the HTB will call you to set up the hearing date and time.
Once the HTB has received your receipt and letter, they will request that SGI provides the HTB with the information that was received from the Police. You will then be contacted by the HTB with a hearing date and time.
When is the hearing?
Time will vary depending on the type of hearing chosen.
Once the HTB receives your application form and SGI’s information package, you will be contacted to arrange a date and time for the appeal hearing. In-person appeals take place in Regina or Saskatoon with three Board members.
Two Board members will review your application and SGI’s information package as soon as it’s available.
Information the board will consider
Board members will consider the following information:
- Any witness statements,
- Any statement provided by the driver,
- A copy of the Intoximeter check sheet,
- A copy of the prosecutor’s information sheet,
- A copy of the Investigator’s check sheet,
- A copy of the notes of an peace officer who was involved in imposing the administrative prohibition pursuant to Section 148 of the Act,
- Any other information, equivalent to that mentioned in clauses (a) to (f) that is in the possession of the peace officer or the peace officer’s police station, if any, and that concerns the imposition of an administrative prohibition.
What to expect at the in-person hearing
You will appear before three Board members. The hearing is informal, scheduled during the day and will take approximately an hour.
The board members will:
- ask you questions regarding the action taken by SGI against your driver’s licence;
- measure the risk to public safety versus the impact on your suspension; and
- make a decision on what is in the public’s best interest.
The HTB can maintain the suspension or reverse SGI’s decision. After the hearing, a letter will be sent to you by mail within 1 week advising you of the HTB’s decision. Decisions reached by the HTB with regards to your appeal are final and binding.