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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.

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.

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.

suspended liscence
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.

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.

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.)

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.

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.

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.

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.

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.


Our client was found by a police officer in the live lane of traffic while asleep in the driver’s seat of the vehicle. The vehicle was running. Police arrested Ms. M once they arrived on the scene.

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.


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