“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 & 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 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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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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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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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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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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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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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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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 – Over 80
While on his drive home from a charitable event, Mr. B was stopped by police in a RIDE check. He had consumed only a small number of drinks that evening, and they were spread out over several hours, but Mr. B was nervous because he rarely encounters police.
CASE STUDY: Impaired Driving and Failure to Comply Charges
Our client, Mr. B, had been out on bail for a previous criminal charge when he found himself in more trouble. He was charged with driving while impaired by a drug and failure to comply with a release order. He was accused of speeding and weaving, and there was an alleged altercation with a civilian witness at the scene.
CASE STUDY: Refusing a breath sample in Cobourg
Because of the client’s legal aspirations, it was important to him that the situation be resolved without appearing on his criminal record.
CASE STUDY: Impaired Driving, Over 80, Criminal Harassment in Brampton
In order to negotiate a plea deal with the Crown, our lawyer aimed to raise doubt regarding the Crown’s reasonable prospect of conviction in this case.
CASE STUDY: Impaired Driving, Over 80 in Oshawa
With the Crown unwilling to withdraw the criminal charges against our client, the goal was to go to trial and to have our client found not guilty.
CASE STUDY: Assault and Impaired Driving in Perth
Based on the circumstances, the goal of the client was to have all of the criminal charges withdrawn. This would mean that these new charges would not appear on his criminal record.
CASE STUDY: Impaired Care or Control and Care or Control Over 80 in Oshawa
Given that the Crown was unwilling to withdraw the charge, the very clear goal in this case was simply to show the trial judge that Mr. E. had no intention of moving his vehicle from its resting point in the visitor’s parking of the townhouse complex.
CASE STUDY: Charges Withdrawn – Over 80
Getting the criminal charge of over 80 dropped was the priority. The Highway Traffic Act charges carried fines and penalties, but no criminal record. A plea deal to have the criminal charges dropped would be a fine option that avoided trial and saved the client money.
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: 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.
CASE STUDY: Plea Down to Careless Driving – Over 80, Impaired
Mr. M was charged with operating a vehicle with a blood alcohol content of 80 and over mg of alcohol in 100 ml of blood and operating a vehicle impaired in the city of Milton.
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.
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