DRIVING CRIMINAL OFFENCES (Impaired/DUI/Dangerous)

IMPAIRED OPERATION / CARE AND CONTROL

This offence is classified as operating a motor vehicle while being under the influence of drugs or alcohol. The consequences of this type of offence even on a first time offender can be. The minimum penalty in Ontario for a first offence is:

Driving prohibition for one year
A fine of no less than $1000
Participation in the “Back on Track Course”
Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year

At Goodman Berman we look at all the possible defences you have and vigorously defend your rights. These types of case require tedious examination of the evidence as well as an astute knowledge of the Charter of Rights and freedoms. Some questions you may ask yourself:

Was I given my rights to speak to a lawyer?
Was the search that was conducted on me lawful?
Did the police use the proper device to measure my alcohol?
Were you in the driver’s seat?
Where were the key?
Was the engine running?

If you have been convicted previously of a drinking and driving offence, the minimum penalty in Ontario for a second offence is:

Driver’s Licence Suspension for three years
Mandatory jail term of 30 days
Participation in the “Back on Track Course” for 11 months
Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your car for three years

REFUSING TO PROVIDE A BREATH OR BLOOD SAMPLE

This offence generally occurs when a request is made by an officer to a driver to provide a sample of his or her breath into an approved screening device and does not comply. Failure to do so will result in a criminal charge(s). This charge is a direct result of refusing to provide a breath.

At Goodman Berman we look at all the possible defences in these cases and formulate the best possible defence for you to be back on the road. Some questions to ask if charged with this offence:

Was the driver able to understand the request or was there a language barrier?
Did the Driver actually blow but the device was malfunctioning?
Did the officer properly note the reading from the device?
What was the actual code that was captured?
Was there any breach of charter violations?

If convicted, the penalties are exactly the same as a conviction for impaired driving. The minimum penalty in Ontario for a first offence is:

Driving prohibition for one year
A fine of no less than $1000
Participation in the “Back on Track Course”
Installation, at your cost, of an Ignition Interlock system (an alcohol screening device) in your vehicle for one year

DANGEROUS DRIVING

This is an offence that requires a Judge to find the drivers actions were a marked departure from that of a reasonable driver. Essentially the driver will be found to commit this act if his or her driving endangers the public. A conviction for Dangerous Driving will result in similar penalties to that of an impaired driving conviction. The penalties include:

Criminal record (may or may not depending on sentence ie conditional discharge)
Minimum fine of $1000.00
Automatic suspension of your licence for a minimum of one-year

We it comes to defending these charges we look at all the circumstances such as:

How fast or slow was the driver going?
Who witnessed the driving?
How far or close were the witnesses?
How accurate is the device used to determine the speed?
Were there mechanical issues with the car?

REMEMBER ALL OF THESE DRIVING OFFENCES IF GUILTY COME WITH HARSH SENTENCES. THE OTHER ASPECT IS INSURANCE CONSEQUENCES. AT GOODMAN BERMAN WE FIGHT FOR ALL YOUR INTERESTS