Category: impaired driving

Category: impaired driving

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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Street sweeper operator facing impaired driving charges

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Friday October 27, 2017.

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...
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Impaired driving case in Halton thrown out because of unreasonable delay

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday March 24, 2015.

Under the Canadian Charter of Rights and Freedoms, a person charged with a criminal offence has the right "to be informed without reasonable delay of the specific offence" and the right "to be tried within a reasonable time." If unreasonable delay in either of these capacities occurs, then it may be possible to have the case dismissed. That was the outcome after more than 11 months of delay in an...
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Police claim driver placed penny in mouth before breath test

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Wednesday March 11, 2015.

A recent impaired driving arrest raises some important issues that people in Ontario should understand with regard to breath tests. First, it is important to know that refusing a breath test is a crime in Ontario, and that breath test refusal can result in serious penalties. Those may include suspension of your driver's licence for a year, a fine, required alcohol counselling and much higher insurance rates. Refusing to provide...
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What are the possible penalties for impaired driving in Ontario?

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday February 10, 2015.

The penalties imposed for impaired driving in Ontario are some of the toughest in North America. Many people don't fully understand the burden a conviction can place on them until they are convicted. To lighten that burden as much as possible or to prevent a conviction altogether, it is crucial to have an experienced criminal defence lawyer on your side throughout the legal process. A brief discussion of the penalties...
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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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OPP cracking down on drivers impaired by drugs this holiday season

On behalf of Neuberger & Partners LLP posted in Drunk Driving on Tuesday December 02, 2014.

Each year during the holiday season, the Ontario Provincial Police and local law enforcement agencies crack down on impaired driving throughout the province. The OPP's annual Festive RIDE campaign is underway, and drivers should be aware that this season the police have a particular interest in charging motorists not only with driving while impaired by alcohol, but also with driving while impaired by drugs. Compared to the number of impaired...
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Penalties expected to increase for drug-impaired driving in Ontario

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Thursday October 23, 2014.

The Ontario government is expected to approve a number of new traffic law amendments, one of which will increase penalties for driving while under the influence of drugs. Specifically, the penalties for driving while high will be raised to match the penalties for driving while impaired by alcohol. However, it remains to be seen exactly how police officers will obtain evidence that proves without doubt that a driver is impaired...
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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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