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Category: drinking and driving

New (and arguably absurd) drinking and driving offences.

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Drunk Driving on Tuesday January 15, 2019.

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....
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Recreational cannabis will pose new challenges for law enforcement

On behalf of Neuberger & Partners LLP posted in Criminal Defence, Drug Manufacturing & Cultivation on Thursday November 29, 2018.

The legalization of recreational cannabis in Canada has raised various questions about how law enforcement will deal with a likely increase in impaired driving charges. If we want to know what the future might have in store,, we can look at the State of Colorado which legalized recreational marijuana approximately four years ago. In Colorado, the rate of impaired driving under the influence of cannabis has dramatically increased. In fact,...
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Etobicoke woman cleared of failing to provide breath sample

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Monday December 29, 2014.

An exhaustive, detail-oriented approach is typically necessary to defend successfully against a charge of impaired driving or driving over 80. While many people are charged with impaired driving each year in Ontario, not everyone accused of this offence is guilty. To arrive at the facts of the matter, these questions should be asked: Was the traffic stop legal? Were any of the driver's Charter rights violated? Is testimony from the...
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Possible defence strategies in cases of impaired driving

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday September 23, 2014.

When a driver is stopped under suspicion of impaired driving, the police officer will probably conduct a battery of tests to determine whether the driver is indeed impaired. However, testing sobriety can be very subjective. For example, the methods of sobriety testing are often applied alongside cold, dark and busy roadways, where an officer's ability to determine whether a person is intoxicated may be compromised by the physical conditions of...
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Can e-bike riders in Toronto be charged with drinking and driving?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Monday August 11, 2014.

Canadians are generally aware that drinking and driving is illegal. The blood-alcohol limit for drivers is 80 milligrams per 100 millilitres of blood. In addition to jail and fines, the consequences of being convicted of drinking and driving could include loss of driving privileges, higher insurance premiums, obstacles to employment, required treatment programs, probation and a criminal record. What you may not know is that you don't have to be behind...
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Crown prosecutors drop charges after review of evidence

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday July 15, 2014.

Drinking and driving is against the law in Ontario, but only when a driver's blood alcohol content exceeds a specific level. If the driver's blood alcohol level is over 80 milligrams per 100 millilitres, he or she could be facing serious criminal charges and punishment. When the driver is a public figure such as Jonas Valanciunas of the Toronto Raptors, a criminal charge can also seriously damage a driver's reputation. Just because...
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What impact would a drunk driving conviction have on sports star?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Friday May 16, 2014.

For Jonas Valanciunas of Toronto Raptors fame, a delay in his case for drinking and driving may give him more time to defend his case. Yet should he be convicted of driving over 80 it could have very serious consequences for his career. There is, of course, no guarantee that he will be convicted, but the risk of conviction should be enough to cause significant concern. According to reports, the 21-year-old basketball...
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Ontario teenager stopped for driving too slowly

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Thursday August 22, 2013.

In a recent arrest by Lakeshore Ontario Provincial Police, an 18-year-old from Merlin was stopped by police for driving nearly 35 km/h under the speed limit, although he was eventually arrested for impaired operation of a motor vehicle. According to reports, the teenager had a blood alcohol content in excess of 80 milligrams. The charges are serious, especially for someone so young, and the teenager will appear in a Windsor court in...
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