Category: Impaired Driving

Refusal to Provide Breath Sample

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Breathe Right Sample

Breathe Right Sample Under the simplistic understanding of the law, any person who refuses to provide a breath sample in response to the police officer’s demand without reasonable excuse is guilty of an offence…, or so it seems. First of all, there are two types of breath tests which a motorist may be required to provide.  First is a roadside test which occurs when the officer suspects that you operate…

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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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Impaired Driving Lawyer Toronto

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Impaired Driving Lawyer Toronto

Over the years of my practice I developed a special expertise in defending my clients against various drinking and driving offences. Although they do not sound serious and many people mistake them for simple traffic violations, the offences of impaired driving, impaired care or control, over ’80 and refuse to provide breath sample are criminal offences with long lasting negative consequences.  If found guilty of any of those crimes, at…

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