Experienced Ontario criminal defence lawyer Richard Auger regularly defends clients charged with motor vehicle offences, including impaired driving, driving “over 80″ and refusal to provide a breath sample.

If you are convicted of an impaired driving offence, the penalties are serious:

Minimum one-year driving prohibition;
Fine ranging from $600 to $2000;
Ignition interlock for at least one year (rental cost about $1200 annually);
Mandatory attendance at a remedial program at a cost of about $500 prior to licence reinstatement; and
A criminal record.

Some people convicted of impaired driving and other drunk driving offences serve jail sentences.

In addition, you will likely suffer a significant increase in your car insurance premiums after conviction.

If your blood alcohol was more than double the legal limit, or you had a collision, someone was injured or you have a previous conviction for a similar driving offence, the repercussions may be much more severe.

You could face a jail sentence and a life-time driving suspension.

How can Richard Auger help you win your case?
Read the full article »

Six elements that must be proven before you can be found guilty of impaired driving in Ontario:

1. You identity
2. As a driver
3. Of a motor vehicle
4. As a driver operating a motor vehicle in a public place while
5. Your blood alcohol was over one of the prescribed limit by
6. the introduction of alcohol into the body

Ten items your Ottawa defence lawyer wants to know:

1. What your schedule was before the arrest.
2. What you drank and how much.
3. Described you observations of the officer.
4. Why the officer says he or she stopped you.
5. Were you asked to take roadside tests?
6. The results on roadside tests.
7. The results on roadside tests.
8. What you said to the officer.
9. The results of any breath or blood tests.
10. The names and contact information for any witnesses to your arrest.
11. How long it took from the time of your arrest to the time the breathalyzer was administered.

Three ways your defence lawyer can discredit the arresting officer’s testimony:

1. Inconsistent statements by the officer or officers involved in the arrest.
2. Failure on the part of the police officer to recollect your case.
3. Failure to make important notations in the officer’s duty to book notes, for example failure to record the time of the arrest and the time of breathalyzer.

Three secrets the Crown Attorney does not want you to know:

1. The Crown does not have all the witnesses available to prove the case.
2. The Crown has exculpatory evidence which would prove your innocence.
3. The Crown has evidentiary problems in proving your blood alcohol level.

Four things that are crucial to your defence:

1. An excellent investigation of the facts.
2. Skillful cross-examination.
3. A thorough understanding of your Charter Rights.
4. An experienced criminal defence lawyer.

Five ways to challenge the results of the alcohol tests:

1. Prove the officer lacked a reasonable suspicion that you were violating the law.
2. Prove that the officer lacked probable cause to arrest you or demand the roadside tests.
3. Prove that the officer failed to inform  you of your rights concerning a breath or blood test.
4. Prove that the officer lacked probable cause before he arrested you and before he required you to take a blood or breath test.
5. Prove that the officer failed to tell you that you have a right to remain silent and to consult a lawyer.

Two considerations before deciding to please guilty to impaired driving:

1. How strong is the Crown’s case against you?
2. What will the outcome be of an impaired conviction?

Four pretrial motions that your defence lawyer should file, and the danger to you if they are not:

1. Motion to exclude evidence on the ground that you were unconstitutionally stopped.
2. Motion to exclude evidence on the grounds that there was an unconstitutional search and seizure.
3. Motion to exclude statements on failure to give advise you of your right to remain silent and your right to consult a lawyer.
4. Motion for disclosure of all Crown evidence.

If these motions are not filed by an experienced criminal defence lawyer, your case may not be dismissed when it should have been.  Plain and simple.

Seven defence tactics in pre-trial motions:

1. Challenge the constitutionality of the stop.
2. Challenge the constitutionality of the administration of the roadside tests.
3. Challenge the constitutionality of the probable cause to arrest.
4. Challenge whether the appropriate Charter warning were administered.
5. Challenge how the roadside tests were given.
6. Challenge the use of any blood or breath test.
7. Challenge the constitutionality of any search and seizure.

Charged with impaired driving in Ottawa, Smiths Falls, Perth Ontario, Cornwall or other Ontario location?  A criminal defence lawyer at Auger Hollingsworth would be pleased to review your case for you.  Contact us here or by telephone at 613 233-4529.

On December 18, 2008 a 29 year old driver was stopped in B.C. for showing symptoms of alcohol impairment.  When the driver was asked to wait several minutes, the driver ran from the scene.

Not too long after, the police dog service found the driver hiding in a nearby residence.  The male was arrested and charged not only for Refusing to Provide a Breathe Sample, but also for Escape Lawful custody, and Break and Enter.

All three charges could have been avoided if the driver had proper legal advice. Being charged with impaired driving and related criminal offences like Over 80 or refusal to blow can cause anxieties, so we have made it our personal mission to inform the public about Drinking and Driving Charges.

The Ottawa lawyers at Auger Hollingsworth have developed a new book called “Fighting Drinking and Driving Charges” to answer your questions and to equip you with the knowledge and information you need.  The consumer guide is free for a limited time by clicking here.

If you have asked to be a surety for a friend of loved one who is detained in custody (in jail) following an arrest, you should be asking the following questions:

• What is a surety?
• What are a surety’s duties?
• Does a surety have to deposit money and if so how much?
• What if the accused person does not comply with the bail order?
• What if I no longer want to be a surety?
• Who is eligible to be a surety?
• Can the accused person’s lawyer give me advice about being a surety?

Read the full article »

The criminal defence lawyers at Auger Hollingsworth can assist our clients in jail to get released on bail. This is one of the most crucial parts of your defense strategy.

If the Crown Consents to Release You:
Often the Crown Attorney will agree to release you if the crime is not violent, not very serious or the person is not considered a flight risk. If Crown consents, your release is normally within hours.

Recognizance
A person who was arrested without a warrant will normally be released on the agreement of the Crown with a summons, appearance notice or promise to appear.

Other times, release will be conditional on the entering of a “recognizance” in an amount of up to $500.

Undertaking with Conditions
The Crown could also consent to a release based on an undertaking with conditions. For example:

To remain within a certain area;
To deposit a passport;
To notify the police of any change in address or employment;
To attend school (where applicable);
To abstain from communicating with any person or from going to any place;
To abstain from possessing a firearm and to surrender any firearm;
To report to police at specified times;
To abstain from consuming alcohol or other intoxicating substances; and/or
To abstain from taking drugs except in accordance with a medical prescription.
What if the Crown does not agree to release?
The Criminal Code of Canada mandates that someone who is being detained in jail after arrest be brought to court before a Justice of the Peace within 24 hours or as soon as possible. This timeline applies even if the arrest is on the weekend or a holiday. In most jurisdications, Justices of the Peace hold bail hearings on Saturdays and Sundays.

If the Crown doesn’t agree to a release, if the Crown cannot hold a full bail hearing within twenty-four hours, then the Crown may request to postpone the hearing for up to seventy-two hours.

Sureties
In some circumstances, delaying the hearing makes sense for the person who has been charged. The extra time can permit his or her criminal defence lawyer to assemble a strong case for release and to arrange for sureties.

What is a surety? A surety is someone who consents to be responsible for, and supervise, someone charged with a crime. Sometimes a surety has to put up or promise to pay money to the Court if the charged person fails to obey conditions of release from custody.

Are all Release Plans the Same?
No. Often, the Court’s decision to grant bail or not will depend on how good the decision maker consders the plan of release to be. Important questions to be answered are: does the person have a place to stay, a job to go to, counseling and support as required and appropriate supervision by someone whom the accused person respects. Sometimes, assembling the plan can take time.

Considerations when the Court will consider whether to release someone on bail:
The 3 considerations for the Court at a bail hearing:

Is the detention necessary to ensure the person’s attendance in court?
Is the detention necessary for the protection or safety of the public?
Is there any other just cause requiring detention having regard to all the circumstances, including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment?
Who has the Burden at a Bail Hearing?
The Crown normally has the onus to “show cause” why the accused should be held. For some offences, or for people who have a record for failure to attend court, the onus or burden can be on the detained person to “show cause” why he or she should be released.

What if bail is denied?
Hire a criminal defence lawyer to handle your bail hearing before the Justice of the Peace to secure the best possible result, as quickly and as cheaply as possible.

Bail Review
Where release is denied, a “bail review” can be scheduled before a judge. The same three factors apply, but the judge is not bound by the views of the Justice of the Peace.

Note: If the Justice of the Peace releases the accused person, the Crown can also seek a bail review.

Sometimes it can take several weeks to get a date before a judge where your lawyer, the Crown, the witnesses and a judge are all available. The requirement to obtain (and pay for) the transcript of the initial bail hearing can also contribute to delay.

This can be frustrating and requires patience. You can be assured that Auger Hollingsworth would do everything in its power to move your hearing forward as quickly as possible. However, the possible delay is a strong reason to take your initial bail hearing seriously and hire a lawyer immediately.

WHY IS BAIL SO IMPORTANT?
Apart from the disruption and anxiety of separation from family and friends and loss of employment, there are strategic reasons to seek bail in many cases. For example:

It is more difficult and costly to meet with your lawyer and to assist in the preparation of your case from the detention centre. Your lawyer is limited as to when he or she can visit you. Telephone access is limited.
If you proceed to trial, you will be seated in the prisoner’s dock if you are in custody. This can have an impact, particularly on a jury.
If you are released on bail for months or more prior to trial, and stay out of trouble while out of custody, you will have a strong argument in any sentencing hearing that a jail sentence is not required and that you are rehabilitated.

If you or a loved one needs help getting out on bail, do not wait. Contact a criminal defence lawyer as soon as possible. Our Ottawa criminal defence lawyers will handle bail hearings and bail reviews in Ottawa, Smiths Falls, Perth, Cornwall, Hawksbury, L’Orignal, and many other locations. Call 613 233-4529 or email info@ottawalawfirm.ca today!

Remand court in Ontario  is where dates for various criminal court proceedings are set.  They take place in front of a Justice of the Peace, rather than a Judge. They are generally very short – your remand may last only a minute or two. You should be present at the hearing unless you have made arrangements with your lawyer to attend for you.  If you are required to attend remember to dress appropriately in business or business-like attire.

The people in remand court who have lawyers are served first. The lawyers stand up to remand their clients in alphabetical order by the name of the law firm.    When it’s your lawyer’s turn, go to the front of the courtroom and stand in the aisle. Your lawyer will speak on your behalf, if you have a lawyer.  When the date for your next appearance has been set, you may take your seat or exit the courtroom with your lawyer.  Always remember to follow any other directions given to you by your lawyer.

If you are attending on your own, your name will be called at the end in the order that it appears on the docket sheet.  If you do not have a lawyer, you step up to the front to let them know you are here.  If you are unrepresented, it is a good idea to speak to duty counsel in the court room who can explain the process and give you advice about your next steps.

First-time convicted impaired drivers who used to face a license suspension of 12 months, may soon be back on the road in three months.  However, to be eligible for the shortened suspension, they must first plead guilty.

They must also agree to install an ignition interlock or breath alcohol ignition interlock device in their vehicle for nine months. The breath-testing devices require the driver to provide a breath sample. The vehicle will not start if the driver’s blood alcohol concentration is over .02.

While Ottawa criminal defence lawyers support the reduction of the penalty for first time offenders and support the law’s focus on rehabilitation, we are concerned that providing a legislated incentive for a guilty plea will encourage innocent people to plead rather than face the risk of a trial.

The new regulation does not actually come into effect until early August, but first-time impaired drivers already in the criminal system are able to plead guilty and defer sentencing and the finding of guilt until after August 3.

After November 1 of this year, anyone facing charges of impaired driving will have to plead within 90 days of the charge in order to avail themselves of the new incentive.

According to a Crown memorandum, there will likely be large number of people who opt to employ the new provision because 80 per cent of individuals charged with drunk driving are first-time offenders

Have you been charged with impaired driving? Criminal defence lawyers at Auger Hollingsworth can give you the legal advice you need and effectively represent you. Do not plead guilty to impaired driving, or over 80, without getting legal advice first. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca Visit us online at: www.criminaldefenceottawa.ca

Ottawa criminal lawyers at Auger Hollingsworth oppose the federal Conservative government’s tabling of a crime bill aimed at stiffening penalties for those convicted of white-collar crimes.

The bill, which is called “Standing Up for Victims of White-Collar Crime Act” and replaces Bill C-52, proposes several amendments to clauses in the criminal code as well as stiffer sentences for those found guilty of major fraud.

There are, however, flaws in the fraud bill which will have significant consequences for the legal system.

First,  if the legislation is passed, a judge’s discretion will be limited in cases dealing with white-collar crime and fraud.

Second,  the bill proposes tougher sentences for criminals charged with fraud; however, there is no  evidence to suggest that tougher sentences work to deter or reduce this type of criminal activity.

Third, the bill will limit the ability to do plea bargains. And because the incentive to plead guilty for a favourable sentence will be eliminated in cases of fraud, we can expect increases in court delays because of more trials due to the fact that fewer deals will be made.

Ultimately, it is not clear that the new piece of fraud legislation will have a positive impact or not.

If you are in Ottawa, Eastern Ontario or elsewhere in Canada, you should beware that people often think, incorrectly, that criminal findings of guilt before adulthood have no impact once a person becomes an adult. A young person’s record does not cease to exist just because they turn 18, and if they re-offend before the “non-disclosure period” has passed, their record can be used in court. Read the full article »

Most Ottawa residents know what Canada’s Charter of Rights of Freedoms is, but if you are ever placed under arrest, you might not know how it helps you. You are entitled to very important rights under the Charter; they are so important that if the police do not observe these rights, the courts can refuse to admit evidence obtained by the police, which could result in charges being dismissed by the court or dropped by the crown attorney.

If you are ever asking yourself, ‘what are my rights upon arrest?’ Here they are:

• Every person who is under arrest or detention has the right to be promptly informed of the reasons for the arrest.
• Every person who is under arrest or detention has the right to speak to a lawyer without delay.  The police must inform the person of the right to speak to a lawyer and the police must also ensure that the person under arrest can access a lawyer.
• The police must advise the person under arrest of the right to speak to a lawyer and this must be done in a language that is clearly understood.
• The police must also advise the person under arrest that if they cannot afford a lawyer, a lawyer can be provided to speak to the person free of charge.

At the police station when you are being processed, issues can often arise when the police are giving you your right to consult a lawyer.  For example, was an interpreter available if language was an issue?  Were accommodations made if the legal advice was not understood?  Was there adequate privacy for your call?  Did you want to speak with a specific lawyer?  Were you permitted to leave a message for the lawyer of your choice to call you at the police station? If any of these issues arose during your arrest, you want to ensure you discuss this with your lawyer.

Experienced criminal defence lawyers at Auger Hollingsworth can give you the advice you need to protect your legal rights. Contact a criminal defence lawyer at Auger Hollingsworth at 613-233-4529 or at info@ottawalawfirm.ca