Impaired Driving

Charges related to drinking and driving have become more and more difficult to defend as the government has brought in various pieces of litigation to reduce possible defences. It is important to know that there are mandatory minimum sentences for Impaired Driving, Over 80, and Refusal to Provide a Breath Sample. These mandatory minimum sentences mean two things to those found guilty of these offences. Firstly, an individual found guilty of one of these offences will have a criminal record as the mandatory minimum negates the possibility of a Conditional Discharge. Secondly, if found guilty of one of these offences you will lose your driver's license for a set period of time.

The sentences for these offences increase with multiple convictions as follows:

1st Offence

Minimum one year driving prohibition and a $1,000.00 fine

2nd Offence

Minimum 2 year driving prohibition and a 30 day jail sentence

3rd Offence

Minimum three year driving prohibition and a 120 day jail sentence

With the minimum sentences as they are intermittent sentences (or weekend sentences) are only available for 1st or 2nd time offenders as the minimum custodial sentence for a 3rd time offender is greater than 90 days, the maximum sentence eligible for intermittent sentencing.

In addition to the criminal code sanctions for these offences there are a number of additional requirements and penalties through the Highway Traffic Act including remedial driving programs, Ignition Interlock requirements, and additional driving bans (for example under the HTA a 3rd time offender could be issued a lifetime driving ban)

In addition if there is an accident involved which resulted in a death or bodily harm being suffered the penalties are increased dramatically.

It is essential that any individual charged with any of these offences contact counsel immediately in order to develop a strategy for dealing with the matters.



  DISCLAIMER: The information on this site is not intended as legal advice. If you have a legal problem, you should seek legal advice from a lawyer.


Copyright 2009 Brendan Neil

Providing Criminal representation in south central Ontario including; Oakville, Burlington, Milton, Brampton, Mississauga, Hamilton, Toronto, Guelph, Kitchener, Waterloo, Cambridge, and surrounding areas for all Criminal Code and Controlled Drugs and Substances Act Offences

Brendan Neil, Criminal Trial Lawyer, Impaired Driving

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