Is it worth fighting a DUI Impaired Charge in Ontario? Free Consultation... Contact Us
Impaired Driving, Over 80mg Charges in Stratford
Ontario Criminal Lawyer, Chris Avery
Generally when a person is charged with a drinking or 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.
Although the prospects may seem bleak when you are first charged with a DUI 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.
Given the heavy penalties involved you owe it to yourself to seek the best possible representation from experienced lawyers with a proven record of success defending these types of cases. With Mr Avery has assembled a team of the best available impaired driving resources located throughout the province so he can provide you with the best possible defence.
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 meet / speak with you, promptly.
Contact Mr Chris Avery :
226-486-2406 or 1-877-497-3927
Ontario Criminal Lawyer Defending Drinking & Driving Charges in Stratford
Your Right To Fight DUI Charges in Ontario - Should You Fight Your DUI Charge?
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.
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:
First Offence:
First offence, with blood alcohol content of 80-129 mg: mandatory minimum $1,000 fine
First offence, with blood alcohol content of 130-159 mg: mandatory minimum $1,500 fine
First offence, with blood alcohol content of 160 mg or more: mandatory minimum $2,000 fine
First offence, but refuse to be tested: mandatory minimum $2,000 fine
Mandatory education or treatment program
Mandatory Ignition Interlock period of at least 9 months
Prohibited from Operating a motor vehicle of any kind within Canada for a minimum of 1 year, subject to the ignition interlock program
Second Offence:
Mandatory education or treatment program
3 year minimum requirement to drive a car equipped with an ignition interlock device; subject to the Stream D program
mandatory minimum 30 days imprisonment
Fine amount at the discretion of the judge
Licence suspended for minimum 3 years by the Ministry of Transport; subject to the Stream D program
Minimum 2 year prohibition on operating a motor vehicle anywhere in Canada, even if they don’t require a driver’s license
Third and subsequent Offences:
Mandatory education or treatment program
Variable interlock periods (depending on sequence of prior convictions)
mandatory minimum 120 days imprisonment
Lifetime licence suspension (can be reduced to 10 years if certain conditions are met on the third conviction; on fourth or subsequent conviction lifetime suspension with no possibility of reduction)
"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
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.
Your legal jeopardy has to be clearly explained to you and, in situations where multiple attempts to provide a sample were made, you must be informed about your “last chance” before being charged.
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 device was in working order.
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 signs of impairment.
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.
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.
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
You had a few drinks, thought you were OK to drive but then you realize that you need to wait a bit before driving, you thought you were doing the right thing?
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.
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.
Sometimes travelers are stopped at the border due to an old conviction. They are stunned to discover that they need to apply for permission to cross.
Recent Successes At the Impaired Driving Defence Centre, Christopher A. Avery takes your privacy very seriously. He also understands the curiosity of potential clients regarding our track record. For these reasons we have changed identifying details of the below cases in order to protect our clients’ privacy. We do not post the reported decisions of our clients’ cases as they are findable on a google search by name if I reproduce them here.
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 travelers 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.....
Generally when a person is charged with a drinking or 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.
