Criminal Code Sections: ss. 320.14(1)(a), 320.19

Impaired driving occurs when a person operates a motor vehicle while their ability to drive is impaired by alcohol or drugs. Even slight impairment can lead to criminal charges if the Crown alleges your ability to safely operate a vehicle was affected. Police investigations often involve roadside testing, breath samples, field sobriety tests, and statements made by the driver.

Potential Sentence:

Impaired driving carries serious penalties across Canada. A first offence has a mandatory minimum fine of $1,000. A second offence carries a mandatory minimum of 30 days jail, while a third offence carries a minimum of 120 days jail. More severe penalties may apply if bodily harm or death is involved. Additional consequences include licence suspensions, increased insurance rates, ignition interlock requirements, and a permanent criminal record.

How I Can Help:

I carefully review the police investigation, roadside detention, Charter compliance, testing procedures, and reliability of any breath or drug testing evidence. I work to identify weaknesses in the Crown’s case and pursue the strongest possible defence strategy based on the facts of your case.

Criminal Code Sections: ss. 320.14(1)(b), 320.19

A person may be charged with “Over 80” if they operate a motor vehicle with a blood alcohol concentration equal to or exceeding 80 milligrams of alcohol per 100 millilitres of blood within two hours of driving. The Crown often relies heavily on breathalyzer readings and police procedures to prove the charge.

Potential Sentence:

A first offence carries a mandatory minimum fine of $1,000. Repeat offences can result in mandatory jail sentences and significantly longer driving prohibitions. Convictions may also impact employment, travel, professional licensing, and insurance eligibility.

How I Can Help:

I thoroughly examine the breath testing process, maintenance and calibration records of the approved instrument, disclosure issues, and whether police complied with all legal requirements during the investigation. Small procedural errors can significantly affect the Crown’s case.

Criminal Code Sections: ss. 320.15, 320.19

It is a criminal offence to fail or refuse to comply with a lawful demand for a breath sample without a reasonable excuse. These charges are treated very seriously by the courts and often carry penalties similar to impaired driving offences.

Potential Sentence:

A refusal charge carries a mandatory minimum fine of $2,000 for a first offence. Repeat offences can result in mandatory jail terms, lengthy driving prohibitions, and a criminal record. Courts frequently view refusal allegations as aggravating circumstances.

How I Can Help:

I assess whether the police made a lawful demand, whether you understood the demand, and whether there may have been a valid reason for non-compliance. I also review whether your Charter rights were respected throughout the investigation and detention process.

Criminal Code Sections: s. 320.17

Failure to stop occurs when a driver fails to stop their vehicle after being involved in an accident or after being directed to stop by police. These cases can range from minor incidents to very serious allegations involving injury or danger to the public.

Potential Sentence:

Failure to stop is a hybrid offence. Penalties can include fines, probation, licence suspensions, jail, and a criminal record. Where bodily harm or death is alleged, significantly harsher penalties apply, including lengthy imprisonment.

How I Can Help:

I review witness statements, surveillance footage, accident reconstruction evidence, and police reports to determine whether the Crown can prove identity, intent, and knowledge beyond a reasonable doubt. I also assist clients in navigating related licence suspension and insurance concerns.

Criminal Code Sections: ss. 320.13, 320.21

Dangerous operation involves operating a motor vehicle in a manner that is dangerous to the public having regard to all the circumstances, including speed, traffic conditions, and road use. The Crown must prove the driving represented a marked departure from the standard expected of a reasonable driver.

Potential Sentence:

Dangerous driving is a serious criminal offence that can result in fines, probation, driving prohibitions, jail, and a permanent criminal record. If bodily harm or death is involved, the maximum penalties increase substantially and may include lengthy penitentiary sentences.

How I Can Help:

I analyze the Crown’s evidence carefully, including dashcam footage, accident reconstruction reports, civilian witness statements, and police observations. Many dangerous driving cases depend heavily on interpretation and context, making a detailed defence essential.