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How you can win a dui charge
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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impaired driving penalties
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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impaired boating
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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suspended liscence
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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ignition interlock
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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first 89 days
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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court cases
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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dui faqs
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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DUI myths
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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dui under 21
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: 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.

CASE STUDY: Acquittal: Over 80

Over 80 cases are highly technical and involve a mixture of statutory and constitutional requirements. Failing to meet, or the violation of, those requirements often results in evidence being excluded and an acquittal entered.

CASE STUDY: Impaired Operation and Over 80-No Conviction

Less than one week before trial the Crown ceased with the prosecution and offered to withdraw Ms. H's charges for a plea to a Highway Traffic Act offence of careless driving.

CASE STUDY: Plea Down to Careless Driving – Over 80

Mr. W’s position as a hockey coach, his new job, and his future goals to start a business and own a home were at risk. He’d been convicted for the same offence once before and knew a second conviction could be worse.

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