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
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: Impaired, Over 80
Our client, a young man, aged 34 found himself in difficulties with the police, and retained me to assist with his file.
CASE STUDY: Reduced from Over 80 to Careless
Mr. H wanted to avoid the criminal charges. We recognized the unfortunate circumstances Mr. H had found himself in and established a clear goal: have Mr. H’s charges reduced to a non-criminal charge.
CASE STUDY: Impaired Driving Charges
Our client, Mr. T, was faced with allegations of impaired driving. He had provided a breath sample that was well over the legal limit. The consequences of an impaired driving conviction in his case would be severe, as he needed to be able to drive for his job.
CASE STUDY: Impaired Driving and Refuse Breath Sample
Mr. A was charged with Impaired Driving contrary to s. 253(1)(a) of the Criminal Code and Refusing to Provide a Breath Sample contrary to s. 253(5) of the Criminal Code.
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: Impaired Driving in Oshawa
Mr. G was charged with having care and control of a motor vehicle with a blood alcohol concentration of more than 80. Mr. G was also charged with having care and control of a motor vehicle while being impaired. Mr. G was found asleep in his motor vehicle.
CASE STUDY: Acquittal – Impaired by Drugs and Dangerous Operation
Following a mishap regarding our client being advised to take an incorrect dosage of Ativan, the Durham Regional Police Service stopped Mr. B's vehicle as a result of erratic driving but, fortunately, before any accidents had occurred. Mr. B had no recollection of entering his vehicle or being caution by the police to pull his vehicle over.
CASE STUDY: Driving Over 80 / Care or Control in Lindsay
When police arrived on scene, Mr. K was outside of his vehicle asking for police assistance. Officers then detected the odour of alcohol on his breath.
CASE STUDY: Plead Down to Non-Criminal Charge in Oshawa – 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: Care & Control and Over 80 Acquittal
Mr. G had been watching the CFL Grey Cup while he hung out with a few of his friends on the night of Sunday November 25 to Monday November 26, 2014. At the time, he was facing a serious financial burden as he was supporting his new, young family. After entering the car with his friends, he turned towards the street from the parking garage but shortly made an additional turn to return to the parking garage. An officer, who was located across the street, grew suspicious that he should be entering the vehicle so late on a Sunday night / early Monday morning on Grey Cup day and decided to investigate.
CASE STUDY: Care or Control Over 80 / Impaired in Peterborough
It was clear to us that Mr. B’s name had been searched before police decided to arrest him. In the time the search was being conducted, no further indicia of impairment were noted by the officers.
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.