What's the difference between Impaired & Over 80 charges in Ontario?...  READ MORE

 

 

DUI "Driving under the Influence" Over 80 , Narcotics & Marijuana Impaired

Impaired driving charges

Generally when a person is charged with DUI offence this is the first time that they have ever dealt with the police or the courts and the whole process is quite frightening and confusing. Understandably they have a number of questions.
 
Although the prospects may seem bleak when you are first charged with a DUI "driving under the influence" Alcohol & Narcotics,  it must be remembered that you are presumed innocent until proven guilty and the Crown bears the heavy burden of proving all essential elements of the case beyond a reasonable doubt.

A driver stopped by the police engages several potential Charter issues. Charged OVER 80

The motorist’s detention invokes s. 9 (arbitrary detention), s. 10(a) (right to be informed of the reason why) and s. 10(b) the right to counsel. Furthermore, the officer’s search for evidence is generally warrantless and raises s. 8 issues relating to unreasonable search and seizure.

The accused is also entitled to full disclosure (s. 7 fundamental justice) as well as the right to be tried within a reasonable time (s. 11B). Against this constitutional background these cases can be fought and won. Many cases also turn on common investigative lapses that a skilled counsel can exploit.DUI Charges Ontario
Given the heavy penalties involved you owe it to yourself to seek the best possible representation from an experienced lawyer with a record of defending these types of cases.

 

Post-Conviction Consequences for Alcohol and/or Drug Impaired Driving

If you are convicted criminally of impaired driving:

Penalties for impaired driving convictions.     

Number of instances

Penalties

First time

  • Mandatory education or treatment program
  • 1 year minimum requirement to drive a car equipped with an ignition interlock device
  • No minimum jail sentence
  • $1,000 fine
  • Licence suspended for minimum 1 year*

Second time

  • Mandatory education or treatment program
  • 3 year minimum requirement to drive a car equipped with an ignition interlock device
  • 30-day minimum jail sentence
  • Fine amount at the discretion of the judge
  • Licence suspended for minimum 3 years

Third and subsequent times

  • Mandatory education or treatment program
  • Variable interlock periods (depending on sequence of prior convictions)
  • 120-day minimum jail sentence
  • Fine amount at the discretion of the judge
  • Lifetime licence suspension (can be reduced to 10 years if certain conditions are met)

 

WINNING Record!

If you are uncertain about your rights and need to win the case to keep your licence and avoid a criminal record then why not call  Chris Avery Impaired Driving Defence Centre? Our initial consultation is free .

Toronto & GTA Call  289.481.1007-  Outside GTA Call  1-877-497-3927

CARE AND CONTROL

 


IMPAIRED

 

 

OVER 80

 

 

RIDE

 

 

CHARTER

 

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Impaired DUI Over 80 Defence

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