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Impaired Driving

The offences of impaired driving and over 80 mg (also known as impaired operation of a motor vehicle) require the assistance of a lawyer. Many people often plead to the charges simply to get them over with without realizing that there may be defences to the charges that may assist in having an individual found not guilty at their trial.

The consequences of pleading guilty to these charges are severe. Your driver’s licence will be suspended for at least one year on a first offence and three years or more on second or third offences. You will be prohibited by a judge from driving for that period of time and if you drive during that period you will be subject to a charge of driving while prohibited and subject to at least a 30 day jail term. Furthermore, a second offence for impaired driving or over 0.8 mg will see you end up with a minimum of 30 days in jail and higher periods of jail time if there are three or more convictions.

If a proper roadside screening demand or approved instrument breath demand is made to you in Canada you must comply. Failing to do so can result in a separate charge of refusal to provide a sample and it is treated as a separate charge from an impaired or over 0.8 mg charge. As indicated earlier, there are many technical defences and the results of any test may be rendered inadmissible if the police fail to comply with the technical requirements under the Criminal Code of Canada or the Charter of Rights. The reason for the stop, the search of seizure of a vehicle, the failing to provide right to counsel or interpreter, rights to privacy and disclosure are defences that you may have when a lawyer examines the disclosure provided by the police.

It is important that you exercise your right to counsel at the police station by contacting your own lawyer or duty counsel forthwith. Whenever a police officer advises that you have a right to counsel (i.e. a lawyer) indicate to the officer “I want to contact a lawyer immediately”. It is important that you use that opportunity to consult with a lawyer of your choice or with duty counsel to obtain immediate advice about your obligations to provide breath or blood samples. It is your right not to make any statement.

As indicated above, you should immediately retain the services of a lawyer to defend you. Our office has substantial experience in this area and it is important to understand that while it may seem cut and dry when you are arrested, the defences available to you may provide a possibility of acquittal at a trial of the matter.

If you require assistance with a charge of impaired driving, contact one of our criminal lawyers at Evans, Bragagnolo & Sullivan in Timmins or Temiskaming Shores.