Impaired Driving: Difference between revisions
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→3. What can happen under the Canadian Criminal Code if you drink and drive?
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Dial-A-Law (talk | contribs) |
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<p>These charges apply if you’re driving a car, boat, plane, or other motor vehicle or vessel. They can apply even if you weren’t driving and didn’t move the vehicle—as long as you had care or control of it. Care or control of a vehicle means you were in the driver’s seat and had access to the ignition key, even if you were parked.</p> | <p>These charges apply if you’re driving a car, boat, plane, or other motor vehicle or vessel. They can apply even if you weren’t driving and didn’t move the vehicle—as long as you had care or control of it. Care or control of a vehicle means you were in the driver’s seat and had access to the ignition key, even if you were parked.</p> | ||
====If your test results are over .08 or you refuse to blow==== | |||
<strong>Criminal charges</strong>—if your results are over .08, you will normally be charged under the <em>Criminal Code</em> with over .08<em>.</em> If you fail to give a breath or blood sample, you will be charged with refusing to blow<em>.</em> In either case, you will also normally be charged with impaired driving—a criminal offence.</p> | <strong>Criminal charges</strong>—if your results are over .08, you will normally be charged under the <em>Criminal Code</em> with over .08<em>.</em> If you fail to give a breath or blood sample, you will be charged with refusing to blow<em>.</em> In either case, you will also normally be charged with impaired driving—a criminal offence.</p> | ||
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<p>If you apply for a review of the ADP, the driving prohibition doesn’t start until the review decision is made. But most decisions are made before the 21-day waiting period ends.</p> | <p>If you apply for a review of the ADP, the driving prohibition doesn’t start until the review decision is made. But most decisions are made before the 21-day waiting period ends.</p> | ||
====What happens in court?==== | |||
If you are charged with any of the 3 <em>Criminal Code</em> offences, you or your agent will have to go to court. There are legal defences to the 3 charges, but they are very technical and you need legal advice. You should get at least some initial advice from a lawyer, even if you decide not to have one in court.</p> | If you are charged with any of the 3 <em>Criminal Code</em> offences, you or your agent will have to go to court. There are legal defences to the 3 charges, but they are very technical and you need legal advice. You should get at least some initial advice from a lawyer, even if you decide not to have one in court.</p> | ||
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<p>You have the right to testify (tell the court your side) and you may want to, if you can explain what the witnesses said and raise a reasonable doubt whether you were impaired. For example, perhaps you had an ear infection that affected your balance, or some physical problem that caused you to slur your speech. Whether to testify is a decision you normally make with your lawyer.</p> | <p>You have the right to testify (tell the court your side) and you may want to, if you can explain what the witnesses said and raise a reasonable doubt whether you were impaired. For example, perhaps you had an ear infection that affected your balance, or some physical problem that caused you to slur your speech. Whether to testify is a decision you normally make with your lawyer.</p> | ||
====What are the penalties under the ''Criminal Code''==== | |||
For a first offence of over.08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a driving prohibition between 1 and 3 years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. This minimum sentence means you get a criminal record. A judge cannot give you a discharge.</p> | For a first offence of over.08, impaired driving, or refusing to blow, the mandatory minimum sentence is a $1000 fine and a driving prohibition between 1 and 3 years. That is the usual sentence, unless the judge considers your case more serious because of aggravating facts such as high breathalyzer readings or an accident. This minimum sentence means you get a criminal record. A judge cannot give you a discharge.</p> | ||