Archive: October 8, 2013

Impaired Driving.Why was I charged? I wasn’t even driving!

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drinking and driving offence

Impaired Driving. Over the years of my practice as a criminal lawyer, my clients have asked me this question on numerous occasions. The simple answer is that in order to be charged with drinking and driving offence, you don’t have to actually drive, it is sufficient that you are in what is called “care or control” of your vehicle.  This situation normally arises that the police stumbles upon a person…

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Impaired vs Over 80 – What’s the Difference?

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Impaired vs Over 80

Canada, the two charges commonly associated with drunk driving are impaired driving, section 253(1)(a) of the Criminal Code, and over ’80, section 253(1)(b) of the Criminal Code.  These charges carry the same penalties and are often laid together and the accused may be found guilty of both although a conviction can be entered for only one of the charges at a time. While to a lay person the two charges…

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