DRIVING OFFENCES LAWYER TORONTO

Criminal driving charges in Ontario are not traffic matters. Impaired driving, refusing a breath sample, and dangerous driving are all Criminal Code offences that can result in a criminal record, mandatory licence suspension, fines, jail time, and serious long-term consequences for your insurance and your ability to travel. If you have been charged with a driving offence in Toronto or the GTA, you need experienced criminal defence counsel immediately. At Goodman Berman, Barristers, we defend all criminal driving charges — and your case will be handled directly by an experienced lawyer from your first call through to resolution.

Criminal Driving Charges We Defend

Impaired Driving & DUI — Toronto

Impaired driving is the most common criminal charge in Canada. Under the Criminal Code, it is an offence to operate — or have care or control of — a motor vehicle while your ability to do so is impaired by alcohol or drugs, or while your blood alcohol concentration (BAC) exceeds 80 milligrams of alcohol per 100 milliliters of blood. This includes impairment by cannabis and prescription medication, not only alcohol.

Care and control 

You do not need to be driving to be charged. Sitting in the driver’s seat of a running vehicle while impaired can constitute care and control — even if you had no intention of driving. These cases turn on the specific facts and require careful legal analysis.

Penalties — first and subsequent offences

First offence minimum penalties:

• Fine of no less than $1,000
• Driving prohibition for one year
• Participation in the Back on Track program (Ontario’s mandatory remedial program for driving-related offences)
• Installation of an Ignition Interlock device in your vehicle for one year, at your cost

Second offence minimum penalties:

• Mandatory jail term of 30 days
• Driving prohibition for three years
• Back on Track program
• Ignition Interlock device for three years, at your cost

Additional consequences for all offences:

• Criminal record
• Significant increase in insurance premiums — often for three to five years
• Restrictions on travel to the United States and other countries
• Potential employment consequences

How we defend impaired driving charges

In defending these charges, your lawyer will examine:

• Whether any Charter breaches warrant exclusion of the breath test results
• Whether you were given your right to retain and instruct counsel (s.10(b) of the Charter)
• Whether the roadside stop and detention were lawful
• Whether the approved screening device was functioning properly and used correctly
• Whether the breath tests were administered within the required timeframe
• Whether you were actually in care or control of the vehicle
• The location of the keys, whether the engine was running, and your stated intention
• Whether any Charter breaches warrant exclusion of the breath test results

Cases we have defended

Refusing to Provide a Breath or Blood Sample — Toronto

Refusing a lawful demand by a police officer to provide a breath or blood sample is itself a criminal offence under the Criminal Code, separate from and in addition to any impaired driving charge. If convicted, the penalties are identical to those for impaired driving. This charge is more common than many people realize, and it is more defensible than it appears.

Penalties

The minimum penalties for refusing to provide a sample are the same as for impaired driving — a $1,000 fine, one-year driving prohibition, Back on Track program, and Ignition Interlock installation on a first offence.

How we defend refusing breathalyzer charges 

Your lawyer will examine:

• Whether the officer’s demand was lawfully made
• Whether you understood the demand, including any language barrier
• Whether you attempted to provide a sample but the device malfunctioned
• Whether the officer properly recorded the device reading and error code
• Whether there was a medical reason that prevented you from providing a sample
• Whether any Charter rights were breached before or during the demand

Dangerous Driving — Toronto

Dangerous driving requires the Crown to prove that your driving represented a marked departure from the standard of a reasonable person in your circumstances and that your conduct objectively endangered the public. This is a higher standard than careless driving, which is a Highway Traffic Act offence. A conviction for dangerous driving results in a criminal record.

Penalties

• Criminal record
• Minimum fine of $1,000
• Automatic licence suspension for a minimum of one year
• Significant insurance consequences
• If the driving caused bodily harm or death, penalties increase dramatically — up to 14 years imprisonment for dangerous driving causing bodily harm, and life imprisonment for dangerous driving causing death

How we defend dangerous driving charges

Your lawyer will examine:

• The specific conduct alleged and whether it meets the legal threshold 
• Whether your driving truly represented a marked departure from a reasonable driver
• The identity, location and reliability of witnesses
• The accuracy of any speed measurement device used
• Whether mechanical issues with the vehicle contributed to the incident
• Road and weather conditions at the time
• The specific conduct alleged and whether it meets the legal threshold

Insurance consequences — what a conviction really costs you

A criminal driving conviction in Ontario will be reported to your insurance company. Most insurers will classify you as a high-risk driver for a minimum of three years following a conviction, in some cases up to six years. Annual premiums can increase by thousands of dollars. In serious cases, your insurer may cancel your policy entirely, requiring you to obtain coverage through the Facility Association at significantly higher rates. This is one of the most lasting financial consequences of a driving conviction and one of the strongest reasons to retain experienced defence counsel before entering any plea.

Frequently Asked Questions