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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: Dismissal – Impaired / Over 80 Charges in Oshawa

Both the impaired and the over 80 charges were dismissed as a result of the the judge ruling that the officer's testimony was not credible.

CASE STUDY: Acquittal – Failure to Provide a Breath Sample into an Approved Screening Device in Oshawa

Mr. K was acquitted on the grounds that the Crown failed to prove that Mr. K.’s refusal to provide a breath sample was intentional and not a misunderstanding.

CASE STUDY: Stay of Proceedings and Amending YPS Privacy Policies – Over 80

The outcome of Ms. M’s trial was not only a victory for Ms. M herself, but also for all those detained by the York Regional Police moving forward.

CASE STUDY: Care and Control / Over 80 mg Dismissa

A security guard at a hydro project got a call in the middle of the night from a group of people who said that their truck had slid off the road and needed a tow. He called the police. When the police arrived they found a pickup full of people, completely off the road, in a snow bank. They found sealed cans of Budweiser in the bushes and some cans in the roadway.

CASE STUDY: Acquittal – Refusing to Provide a Breath Sample in Oshawa

His Honour agreed that, following the precedent of R. v. White [1992] and R. v. Roberts [2018] the statement given by Mr. S. implicating himself as the driver would be excluded as evidence.

CASE STUDY: Plead Down to Non-Criminal Charge – Over 80

Dan Lemaire’s familiarity with Charter rights often serves as a major asset for his clients, and Ms. C is a perfect example of this.

CASE STUDY: Acquittal – Care and Control Over 80

The Crown called one witness but we called three. We effectively cross-examined the Crown’s witness (the officer) and were able to present our three witnesses as credible. We successfully rebutted the presumption. Mr. T.G. was therefore acquitted of the charge.

CASE STUDY: Over 80 – Reduced Fine and No License Suspension

With an Over 80 charge, our client was able to avoid a criminal record and losing his driver’s licence as a result of cross-examination.

CASE STUDY: Charges Dismissed – Impaired Driving and Over 80 [Possession of a Schedule I Substance Dropped Pre-Trial]

Mr. S was free, unhindered by a criminal record, and the state was once again shown that rights cannot be violated based on assumption and suspicion alone.

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.

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