Driving Offences
Impaired Driving, Driving Over 80, Refusing a Breath Sample
“DUI” or Driving under the influence, is an American term not used by Canadian lawyers and Courts. The correct term is “Impaired Driving”.
The offence of impaired driving is usually committed in one of three ways:
- Impaired Driving Charges – Section 320.14(a) of the Criminal Code of Canada.
This is the offence that most people think of as drunk driving, and involves operating a motor vehicle or a boat while your ability to do so is impaired by the influence of alcohol and/or drugs. - Driving “80 or over” (0.80) – Section 320.14(b) of the Criminal Code of Canada
This is a separate and distinct offence from impaired driving, and involves a person operating a motor vehicle with a blood alcohol concentration (BAC) of 80 or more milligrams per 100 millilitres of blood. To determine a person’s BAC, police will demand a sample of breath to be provided, either at the roadside or after being transported to a local police station. - Refusing a Breath Sample – Section 320.15 of the Criminal Code of Canada
To be convicted of this offence, a prosecutor must prove that a person did not provide either a roadside sample or a breathalyzer sample at the station.
There are significant consequences if a person is found guilty of an impaired driving offence. A sentence will include a mandatory minimum fine of $1,000.00, a licence prohibition for one year, the requirement to complete an alcohol/drug education program, increased insurance rates, and the installation of an interlock device in your vehicle after your licence is reinstated.
It is worth noting that the penalties for refusing to provide a breath sample are the same or higher than a conviction for 80 or over or impaired driving.
There are a number of ways to defend against allegations of impaired driving, 80 and over and refusing a breath sample. If you or someone you care about has been charged with an impaired driving related offence, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.
Failing to Stop or Remain at an Accident
Failing to remain is an offence under Section 320.16(1) of the Criminal Code of Canada that involves leaving the scene of an accident in which the offender was involved.
The following elements must be present for behaviour to be considered failing to remain:
- The offender was involved in an accident that resulted in property damage, injury, or death.
- The offender knew, or should have known, that they were involved in the accident.
- The offender failed to stop at the scene of the accident or failed to provide their name and contact information to the other parties involved, or failed to offer assistance to another person who was injured, without a reasonable excuse to do so.
Examples of failing to remain include leaving the scene of a car accident or hitting a pedestrian and failing to stop and provide assistance.
If you or someone you care about has been charged with failing to remain, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.
Dangerous Driving
Dangerous driving is an offence under Section 320.13 of the Criminal Code of Canada that involves operating a vehicle in a manner that endangers or is likely to endanger the lives or safety of others.
Under the Criminal Code of Canada, the following elements must be present for behaviour to be considered dangerous driving:
- The offender must be operating a vehicle.
- The manner of operation must be dangerous or likely to cause danger to the public.
- The dangerous driving must be a result of the offender’s actions or omissions.
Examples of dangerous driving can include speeding, weaving in and out of traffic, running red lights, and driving while impaired by drugs or alcohol.
Penalties for Dangerous Driving can include custody and a licence suspension or prohibition.
If you or someone you care about has been charged with Dangerous Driving, you need an experienced lawyer who will explain your options and fight for your legal rights. Contact O’Hara Law today at (519)-679-9250 to discuss your matter with Lucas O’Hara.