Impaired Driving DUI & Over 80

Charged With "Driving Under the Influence" - Over 80 - Impaired Driving in Ontario? Read More

Charged with Impaired Driving in Ontario?

Charged with Over 80 Impaired at RIDE Spot check? Read More

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

 

Impaired Driving  Over 80mg, DUI Lawyers in Toronto

Ontario Criminal Lawyer For Drunk Driving Offences

Are you facing Impaired Over 80mg , drunk driving Charges in Ontario? Although the prospects may seem bleak when you are first charged with a drinking and driving offence 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. Your best choice? Contact an Impaired Driving Lawyer. Toronto Criminal Lawyer Chris Avery will vigorously defend these charges.

Arrested, Impaired driving Over 80mg

Generally when a person is charged with a drinking &  driving 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. Contact Cris Avery for a Free Consultation

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

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.

Fight the charges!

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. 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 the Impaired Driving Defence Centre? Our initial consultation is always free and IDDC colleagues can speak with you, promptly.

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

 

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

If you are convicted criminally of DUI impaired driving in Ontario:

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)

 

If you are uncertain about your rights and need to win and keep your licence , avoid a criminal record? Call:  Chris Avery - Impaired Driving Defence Centre ,

Free 30 Minute Consultation. Toronto & GTA Call  289.481.1007 - Outside GTA Call  1-877-497-3927

 Drugs, Alcohol and Driving

"driving under the influence"

"I was taking a prescription from my doctor, I never knew I couldn't drive"

Any drug that changes your mood, or the way you see and feel, will affect the way you drive. This is not only true for illegal drugs. There are prescription drugs and some over-the-counter drugs that can also impair your driving ability.

Tips to remember

Impaired driving Prescription Drugs

  • If you are planning on drinking, plan not to drive.
  • Ask your doctor about side effects if you use prescription medication or get allergy shots.
  • Read the information on the package of any over-the-counter medicine, including allergy and cold remedies.
  • Drugs and alcohol together can combine to impair your driving even more drastically; ask your doctor or pharmacist.

 Remember, fatigue and stress will also affect your ability to drive.

You will be subject to a roadside test if the officer has reason to believe you are under the influence, you will face the charge of Impaired  and driving under the influence should you be deemed impaired by the testing officer.

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

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  • An officer requires sufficient grounds to make a lawful demand for a breath sample to be provided either at the roadside or the station. Furthermore at the roadside your legal jeopardy has to be clearly explained to you and, in circumstances where there are multiple attempts to provide a sample, you must be informed about your “last chance” before being charged. In circumstances where a motorist is deemed to have “refused” to provide a sample due to various failed attempts the Crown also has to show that the machine was in proper working order.
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  • The real issue in these cases is not whether you are “impaired” in any way but rather whether the Crown can prove beyond a reasonable doubt that your ability to operate a motor vehicle is impaired. Sometimes there may be an innocence explanation for irregular driving such as fatigue, illness or distraction. Other times evidence of bad driving might be offset by a review of the police station video which betrays no obvious indicia of impairment.
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  • There are multiple and sometimes very technical defences to this charge. Apart from operator error or machine malfunction, which can revealed through a careful analysis of breath device records, these cases are often successfully defended based on investigative lapses or constitutional violations. It is a criminal offence to operate a motor vehicle while your blood alcohol level is over the legal limit of: 80 milligrams of alcohol in 100 millilitres of blood.
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  • Although the law sanctions the arbitrary detention of motorists to conduct sobriety checks you are not obliged to incriminate yourself when questioned about drinking. This is because you are detained and haven’t been provided with your right to counsel. Although any statements you make in such circumstances can’t be used against you at trial that’s cold comfort at the roadside because an admission of consumption is admissible for the purposes of an officer’s grounds to make a demand for a roadside breath demand. That demand as well as the test must both be done promptly however to withstand constitutional scrutiny.
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  • The “free ride” for those driving while under the influence of drugs is now also over. Currently the police have the power to demand a suspect accompany them to the station for a drug evaluation test where they suspect impairment by drugs. Legislation is now also in the works to implement roadside technology to test for drug impairment that would be a similar tool to a breathalyzer, which measures blood alcohol levels. The obvious defence in these cases is whether the officer conducted such tests properly and whether he is properly qualified to render an expert opinion on sobriety
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  • You don’t actually have to be driving a motor vehicle to be charged with “DUI”. You can be arrested simply if you are behind the wheel of a parked car but the Crown will have to show that the vehicle was operable and that there was a real risk of danger that you would set the vehicle in motion.
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  • Section 8 of the Canadian Charter of Rights and Freedoms provides everyone in Canada with protection against unreasonable search and seizure. This right provides Canadians with their primary source of constitutionally enforced privacy rights against unreasonable intrusion from the state. Typically, this protects personal information that can be obtained through searching someone in pat-down, entering someone's property or surveillance.
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  • If you are convicted of drinking and driving, your fingerprints and photographs will be retained by the RCMP in Ottawa. A conviction also means you will have a criminal record which will show up when police run a check and that can hurt your employment opportunities as well as your travel plans.
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  • When it comes to immigration, criminal records can make a huge difference on your ability to remain in the country or your ability to travel to another country in the first place. Sometimes travellers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross due.....
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1-877-497-3927

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The IDDC - Defending Drinking & Driving Charges Across Ontario