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Is Driving Under the Influence Really a Criminal Offence?

Driving under the influence of alcohol or drugs can result in serious consequences, regardless of whether someone receives the penalty of a fine or imprisonment in jail.

Section 253 of the Criminal Code makes it an offence to drive while impaired by alcohol or a drug, and also makes it an offence to drive with a Blood Alcohol Concentration greater than 80 milligrams of alcohol in 100 millilitres of blood. Section 254 of the Criminal Code sets out when police can obtain breath samples and blood samples to determine whether a person has drugs or alcohol in their body. Under section 255 of the Criminal Code, impaired driving and driving “over 80” can both be prosecuted as either a summary offence or as an indictable offence. A summary offence is similar to an American misdemeanor. An indictable offence is similar to an American felony.The minimum punishment for these crimes is the same whether prosecuted as a summary or an indictable offence: for a first offence, a minimum fine of $1,000.00; for a second offence, imprisonment for a minimum of 30 days; and for each subsequent offence, imprisonment for a minimum of 120 days.

One serious difference between whether the crime is prosecuted as a summary offence or an indictable offence is the maximum penalty. If the crime is prosecuted as a summary offence, the maximum punishment is imprisonment for 18 months in jail. If the crime is prosecuted as an indictable offence, the maximum punishment is imprisonment for 5 years.

Causing bodily harm to another person as a result of impaired driving or while driving equal to or over the legal limit can only be prosecuted as an indictable offence. If convicted of impaired driving causing bodily harm or driving with a blood concentration equal to or over the legal limit causing bodily harm, the maximum penalty is imprisonment for 10 years.

Causing death of another person as a result of impaired driving or while driving with a blood concentration equal to or over the legal limit is also prosecuted as an indictable offence. The maximum punishment for such a conviction is life imprisonment.

These are serious matters that can affect your life and reputation for many years, whether the punishment is jail time or simply a fine. If you have been charged with impaired driving, contact Lockyer Posner Craig for assistance.

How much do your services cost?

Question: How much do your services cost?

Answer:

The cost of our services depends on a number of factors:

(1) the nature of the charge/case;

(2) the amount of time that is expected to go into the case; and

(3) the level of experience of the lawyer hired at our firm to handle your matter.

We would be glad to give you an estimate. Please contact our managing partner, Richard Posner at (416) 847-2560 in order to pursue this further if you are interested in hiring our firm.

What to do if the police are looking for you?

Q: What to do if the police are looking for you: With Reasonable Doubt

A: As a criminal defence lawyer, I am often contacted by people before they have been arrested with a criminal offence. The events that occur between the time when an offence is alleged to have occurred and an accused person appearing before the court for the first time are looked at very carefully when a case is examined down the road. Below is a short form guide to help you make the right decisions.

1. DON’T TALK TO POLICE

2. GET A LAWYER

3. PREPARE FOR YOUR RELEASE

4. ACT QUICKLY

Source: nowtoronto.com

A word of caution: You should not act or rely on the information provided in this column. It is not legal advice. To ensure your interests are protected, retain or formally seek advice from a lawyer. The views expressed in this article do not necessarily reflect those of Lockyer Posner Craig or the lawyers of Lockyer Posner Craig.

How do I beat my drug charge?

Q: How do I beat my drug charge?” when charged with a drug offence.

A: To be found guilty, the Crown must prove your guilt beyond a reasonable doubt. The Crown
must always prove the nature of the substance and possession of the substance. To prove
possession, the Crown must show that you had knowledge and control of the substance. When
charged with possession for the purpose of trafficking, the Crown must also prove that the
possession was for the purpose of trafficking [Read More]

Arrested for growing and selling Marijuana?

Question:

Arrested for growing and selling Marijuana or Cannabis?

Answer:

Marijuana (marihuana, pot, cannabis) is set to become legal in Canada on October 17, 2018, but that doesn’t mean that it’s legal yet. Even when it is becomes legal, the purchase, sale, possession, and production of the drug will be heavily regulated. Here are some of the important laws that are anticipated to apply in Ontario:

  • In order to legally purchase, consume, or grow marijuana, you will need to be 19 years of age
  • You will only be able to consume it in a private residence
  • You will only be able to possess 30 grams of dried marihuana; and
  • You will only be able to grow four plants at any given residence

If you have been arrested and charged with any charges in relation to marijuana, or any other drugs under the Controlled Drugs and Substances Act, Lockyer Posner Craig can help you to avoid a criminal conviction.

Related Topics

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Are you legally able to fire a gun on your property?

Question:

Are you legally able to fire a gun on your property?

Answer:

For those of you who legally own a gun in Canada and want to know if you can engage in legal shooting on private property, and if so, how far you need to be from the property line and what are the caliber restrictions, there are a couple of provisions that you need to be aware of.

First of all, no matter where you are on the map, it should be no surprise that it is a criminal offence:

To use a firearm in any way in the commission of another criminal offence (s. 85 of the Criminal code of Canada);
To carelessly use a firearm (s.86);
To point a firearm at anyone, unless it is for a lawful purpose such as self-defence (s.87);
To discharge a firearm with the intent to harm someone, unless it is for a lawful purpose such as self-defence (ss.244 and 244.1); or
To discharge a firearm recklessly (s.244.2).

Second, any place that is used for target practice or target shooting competitions on a “regular and structured basis”, must be approved by the designated provincial Minister (s. 29 of the Firearms Act). Thus, if you are planning to use the same place regularly for target practice, whether or not it is on private property, it must be approved.

Those are the main two relevant pieces of legislation, which have no blanket restrictions on the required distance from the property line or on the calibre of the ammunition. However, there may be additional provincial laws and municipal by-laws that further restrict shooting on private property.