November 6, 2012
“How Can I Win?” Impaired Driving Defences
Here are five different defences that could be brought up by your defence team if you have been charged for impaired driving.
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November 7, 2012
Impaired Driving Penalties & Consequences
The Highway Traffic Act (HTA) creates punishments that are added on to the Criminal Code fines and periods of imprisonment for impaired driving offences. Our job as a defence team is get your charges reduced, diminish the penalties imposed, or avoid them altogether.
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August 17, 2012
Impaired Boating Charges
Operating a boat while impaired is also an offence in Ontario. What is considered a ‘boat’ is also varied: it can mean rafts, jet-skis, sail boards, or even row-boats. Charges in this area will often see an interaction between provincial and federal laws.
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May 16, 2012
Driving With A Suspended Licence in Ontario
If your license had been suspended and you were caught still operating a vehicle, there may be consequences under the Highway Traffic Act.
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May 15, 2012
Ignition Interlock Conduct Review Program
This program involves the installation of a device which can detect the presence of alcohol in the driver’s body. The device can prevent a motor vehicle from being started if the blood alcohol concentration (BAC) in the driver’s body exceeds zero.
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November 7, 2012
The First 89 Days
If charged with a DUI offence in Ontario, making a decision fast is important. Within the first 89 days after the offence, you must decide either to fight the charges and go to trial, or plead guilty. (NOTE: Due to the COVID-19 pandemic, the period has been extended to 282 days.)
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August 16, 2012
Interesting Court Cases Involving Impaired Driving
Here are five interesting criminal court cases involving impaired driving defences, and how those involved successfully fought their charges.
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September 1, 2012
FAQs About Drinking and Driving Charges
You’ve got questions, and we’ve got answers. Read about the most common questions we receive about DUI charges, such as inquiries about blood alcohol levels, breath samples, and what defences are possible.
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November 12, 2012
16 Myths About Impaired Driving in Canada
Not everything you’ve heard about impaired driving in Canada might be entirely accurate - read about some of the most common myths about DUI charges here and the hard facts.
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August 15, 2012
Under 21 Drinking and Driving Law
Caught operating a vehicle while impaired and underage? If you had a blood alcohol concentration (BAC) of anything over zero, it would be considered an illegal act.
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Recent Successes for Our Clients with Impaired Driving Charges
CASE STUDY: Acquittal – Refuse or Fail to Provide Breath Sample
The officer made the demand that Mr. H provide a breath sample into the roadside breath alcohol screening device. Mr. H felt that he was being treated like a criminal. He asked if a friend could witness him blowing into the device, but the officer replied that they did not need an audience. He was also, at that time, not permitted to call a lawyer.
CASE STUDY: Over 80 – Charge Withdrawn and No Criminal Record
Our client, a young first time offender with hopes of attending university and starting a career, was able to avoid a criminal record as well as implications for his driver's license.
CASE STUDY: Pled Down to Careless Driving from Over 80
The case went to trial, during which the Crown decided to offer a deal: if Mr. Z would plead guilty to careless driving, the charges of Over 80 would be dropped.
CASE STUDY: Charges Withdrawn – Impaired Driving, Over 80 mg, and Dangerous Driving
On a frigid January night, just before midnight, an officer in an unmarked car saw two snowmobiles, one on the shoulder of the road and one on its side in the ditch. As he approached, the driver of the downed snowmobile was able to right his machine and drive it to the shoulder. The other snowmobiler waved the officer on, not aware of who he was.
CASE STUDY: Conviction appeal – Failing to comply with the regulations of the Occupational Health and Safety Act
We successfully appealed our client's conviction. This was a novel issue that had not previously been decided and was reported in a reputable law journal.
CASE STUDY: Acquitted – Refusal to Provide Breath Sample
The Charter of Rights and Freedoms is very clear in its protection of a person’s right to contact a lawyer upon arrest.
CASE STUDY: Acquittal – Care or Control of Motor Vehicle with More than 80mg of Alcohol in 100ml of Blood
It was a slow night for Barrie police and Constable W. was doing what he sometimes did in those circumstances. He was parked outside a local night spot in the hope of catching impaired drivers as they were leaving. On that late September night he spotted a black Mercedes exiting the parking lot adjacent to the bar. He decided to follow. He followed the Mercedes onto the highway where he reported observing it twice touch the white shoulder line.
CASE STUDY: Resolved with a plea – Over 80; Open Alcohol; No Life Jacket
In this case, the Crown agreed that our client's rights had been breached by police, and the file was resolved with a creative plea.
CASE STUDY: Charge Withdrawn – Refusal to Provide a Breath Sample
Mr. M, a US military veteran and long-time law enforcement officer, was crossing the border into Canada to visit a casino in Niagara.
CASE STUDY: Acquittal – Over 80 mg, Failing to Have Insurance Card, & Passing by Driving off Roadway
We were successful in our arguments that there had been infringements of Mr. B's s. 8 and s. 9 Charter rights by the police, and further, that these breaches of Mr. B’s Charter rights were serious enough to justify the exclusion of the breath machine readings.
CASE STUDY: Impaired & Over 80 – No Conviction
There were no restrictions or limitations placed on our client's driving privileges and he did not get a criminal conviction. All charges were withdrawn.
CASE STUDY: Charges Withdrawn – Over 80
This client's trial dates were cancelled and she was free of the burden of fighting criminal charges far earlier than she thought she’d be.