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New (and Arguably Absurd) Drinking and Driving Offences Category: Drunk Driving

Category: Drunk Driving

New (and Arguably Absurd) Drinking and Driving Offences

By Christopher K. Assié & Joseph Neuberger Neuberger & Partners LLP The new amendments to the Criminal Code have changed the drinking and driving landscape significantly. Two changes are attracting particular attention due to their impacts on protected Charter rights and a serious potential for wrongful convictions. Arguably the most concerning amendment is the creation of a new offence – consuming too much alcohol or drugs after driving. Under s. 320.14(a) and (b), anyone with a blood alcohol concentration or blood drug concentration above the prescribed limits two hours after they have ceased driving is guilty of an offence. The…

What You Need to Know About Impaired Driving Charges in 2019

Recent changes to the impaired driving laws by the Federal Government developed to combat drinking and driving offences and the impact of legalizing cannabis, the laws surrounding impaired driving in Canada changed on Tuesday, December 18, 2018. These changes come as part of Bill C-46 which was enacted to ensure deterrence from impaired driving by making the penalties some of the most severe in the world. What Hasn't Changed The amount of alcohol allowed in your system, or the blood-alcohol concentration (BAC) has not changed for drivers. For fully licensed “G” class drivers over the age of 21, that is…

New (and arguably absurd) drinking and driving offences.

By Joseph Neuberger and Christopher Assié Originally published by Lexus Nexis. (www.thelawyersdaily.ca)       The new amendments to the Criminal Code have changed the drinking and driving landscape significantly. Two changes are attracting particular attention due to their impacts on protected Charter rights and a serious potential for wrongful convictions. Arguably the most concerning amendment is the creation of a new offence — consuming too much alcohol or drugs after driving. Under s. 320.14(a) and (b), anyone with a blood alcohol concentration or blood drug concentration above the prescribed limits two hours after they have ceased driving is guilty…

Street sweeper operator facing impaired driving charges

Operating any motor vehicle while under the influence of drugs or alcohol can be dangerous and is against the law. Whenever perceived drunk drivers in Ontario are pulled over and they fail a Breathalyzer test, they will face impaired driving charges. But these tests aren't always 100 percent accurate, and there have been several instances when a breath test provided false readings and the accused driver actually wasn't impaired at all. It is incumbent upon police to conduct any roadside tests properly and legally. Such should have been the case in the recent arrest of a 48-year-old man facing impaired…

Ontario truck driver charged with impaired driving

A truck driver was taken into custody following an incident near Blind River, according to provincial authorities. Ontario Provincial Police arrested the 56-year-old man on suspicion of impaired driving on the night of June 12. The driver was to appear for his first court appearance in Blind River on July 13. According to the police report, the Blind River detachment of the OPP received reports of a tractor trailer driving erratically westbound on Highway 17. Police pulled the truck over and made the determination that the man was intoxicated after speaking with him. A search of the vehicle apparently revealed an open liquor…

Ontario man charged with impaired driving

A man is in custody after an accident that saw his vehicle end up in a Vaughan cemetery, according to York Regional Police. Ontario authorities arrested the man on suspicion of impaired driving after the early June collision. A court date was not reported for his case. The arrest record states that police responded to reports of a single-vehicle crash in Vaughan. Upon arrival they found a single car had left the road near Beechwood Cemetery and struck a tree. Four people in the car suffered injuries, though the extent of those injuries has not been made public at this time. They were…

Man charged with impaired driving after strange and fatal crash

Sometimes what begins as simply a poor decision can spiral out of control and turn into something far worse. Recently, a very peculiar accident in the west end of Toronto turned a simple case of alleged impaired driving into a tragedy. The driver now faces several charges, including one for manslaughter. The accident happened June 7, just before 5 a.m. An SUV heading north on Black Creek Drive apparently made a left turn onto Eglinton Avenue. The vehicle then began travelling west, but the driver had erroneously entered the eastbound lanes. Shortly after making the turn, the driver of the SUV struck…

Toronto driver hits pedestrians, suspected of impaired driving

A lapse in judgment can happen to anyone, and likely has happened to nearly everyone at some point. When that lapse allegedly results in a traffic accident, and people are hurt, a person may find him or herself in serious trouble with the law. A Toronto driver suspected of impaired driving is in that situation now, a situation that may be familiar to others. The accident happened on June 3, at around 2 a.m. in the west end of the city. A motorist struck two pedestrians near the intersection of Eglinton Avenue and Dufferin Street, sending both individuals to hospital. One of…

Impaired driving charges for man riding e-bike

After a person has consumed alcohol, it is always a good choice to not get behind the wheel of an automobile, or to attempt to ride a motorcycle. As it turns out, however, there are other ways to end up with an impaired drivingcharge in Ontario. A man faces multiple charges after he took to the streets on two wheels after having a few drinks. On April 29, a OPP officer on patrol noted an e-bike rider that seemed to be driving erratically. The officer conducted a traffic stop of the rider to assess the situation. He ascertained the operator had…

Setting laws for driving under the influence of pot will be tough

As most Canadians are aware, the federal government has vowed to legalize marijuana in this country. Part of the plan includes changes to laws covering driving under the influence of drugs in Ontario and across Canada. While the need to regulate driving while high is obvious, how it can be accomplished is less clear. Some experts believe it will be very difficult to establish legal limits for pot impairment. The plan is to establish a legal limit for THC, the active component of marijuana, in the bloodstream. This is similar to current methods of establishing drunk driving. As proposed, any person with…

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