Drinking & Driving
Being charged with a drinking and driving related offence can have an immediate and devastating impact on your life. This is why it is important to retain a lawyer who has a complete and comprehensive understanding of the technical defences that are available to you, including the workings of the intoxilyzer.
Types of drinking and driving charges:
- Over 80
- Impaired Driving/Care or Control
- Refuse Breath Sample
There are serious implications of a criminal conviction (1st offence) for Drinking and Driving offences.
If your employment requires you to drive, you could risk losing your livelihood. Subsequent convictions can have an even more severe impact including a jail sentence, higher fines and longer prohibitions.
There are now ways to have the mandatory minimum one year driving prohibition (for 1st offenders) reduced by taking advantage of new provincial legislation.
Defences Available
- Identity-Sometimes the Crown is unable to prove who was driving
- Reasonable and probable Grounds- The Crown must establish a proper foundation for the making of a breath demand
- Rights to Counsel – Everyone is entitled to speak to a lawyer before providing breath samples at the police station
- Technical Issues- The Crown needs to present its evidence in full compliance of all technical requirements in the Criminal Code.
It is important to remember that every allegation of drinking and driving is a fact specific inquiry. Consulting a lawyer will assist you with identifying potential defences to this type of allegation.
