I had a DUI which reached the verdict and I got a curative discharge last year on April 28, 2019. I got my license back

Hi, Counsel Creed here. I am sorry to hear about your predicament. It is true: once you’ve completed your required ignition interlock term, you may be eligible to get your full driver’s licence back. If you’re not immediately eligible to get your full licence back you may choose to keep the device installed or you may apply for a special restricted driver’s licence through the Highway Traffic Board. I can assume that you have been refused licence under section 48(3) of the Act. If so, pursuant to section 29(1) of the Act yes you may appeals this decision.

The Highway Traffic Board is an independent quasi-judicial administrative tribunal responsible for hearing appeals for a number of programs administered by Saskatchewan Government Insurance (SGI). Once you have paid $175 you need to do the following:

• Write a letter to the HTB that explains in detail why you are appealing SGI's decision. Include everything that the HTB will need to consider.
• Include your daytime phone number and an email address so the HTB can contact you to set up a hearing date and time.
• Submit your letter and a copy of your receipt to the HTB.
• Once the HTB has received your receipt and letter, they will submit a request with SGI asking for information relevant to your case.

So, 251(1) is Unseaworthy vessel and unsafe aircraft. So I do not thunk that you got this section number right.

253 (1)(b) says: "Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle,...whether it is in motion or not,

Let me now answer the second part of your question.

• (b) having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood."

I appreciate that the SGI administrator told you that you had the right of appeal. What I would like know is why EXACTLY he denied you licence in spite of your complying with the interlock program.

s.255(1) is only about what type of penalty you may suffer if convicted under 253(1)(b).

Do you have your original ticket, or an order for conditional discharge that you can scan and email me?

This is what s. 255(1) says, word for word: "Every one who commits an offence under section 253 or 254 is guilty of an indictable offence or an offence punishable on summary conviction and is liable, (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely, (i) for a first offence, to a fine of not less than $1,000, (ii) for a second offence, to imprisonment for not less than 30 days, and (iii) for each subsequent offence, to imprisonment for not less than 120 days; (b) where the offence is prosecuted by indictment, to imprisonment for a term not exceeding five years; and (c) if the offence is punishable on summary conviction, to imprisonment for a term of not more than 18 months"

The court HAS to state that your were convicted under s.255 and s 253(1) because s253(1) does not - on its own - have a penalty prescribed for its breach. So, it is NOT a separate criminal offence. That should be the grounds of your appeal - that the SGI administrator misinterpreted the conviction - it WAS NOT for two criminal offences but only for one.

I am awfully sorry but I am not permitted to do that as per my contract with this online service provider - Just Answer. You and I cannot establish a client/solicitor relationship as you have been advised prior to connecting with me. But you sound like you know your way around these things - I think you will do fine at the appeal.

Now, If you have no further questions for now, will you kindly rate me, since that is the only way that I will get paid? You can do that by clicking on the stars symbol in the top right-hand corner of your screen. I sincerely ***** ***** I have earned five stars in your estimate. It goes without saying that I remain open to any questions that you may have in the future, at no extra cost to you, of course. Thank you.