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?

There are several defences that may apply depending on circumstances.

We know how to review the disclosure (the Crown’s evidence, primarily from the police) to determine if your Charter rights were violated during the process leading up to your arrest. We will look at:

the reason you were stopped,
if and how the road side screening test was administered,
whether and how you were given your rights to counsel,
whether the timelines prescribed by the Criminal Code were followed,
…among other things.

We will consider whether there is evidence that you were not in fact over the legal alcohol limit.

We will consider whether you were actually driving, or in care or control, of the car.

Once we have an understanding about the weaknesses in the Crown’s case, we will discuss your options with you. We can show the Crown the problem with the case and encourage a favorable resolution for you, including that the charges be withdrawn.

We are always prepared to defend you vigorously at trial.

How Can You Help Yourself and Improve the Chances Your Case Will be WON?

It is tempting to tell your family and friends the “whole story” leading to your arrest. Don’t. Keep the details to yourself and your lawyer.

Make detailed notes of what happened of the events leading up to your arrest and provide them to your lawyer. Try to make these notes as soon as possible after you are released from the police station while the events are still fresh. At the top of these notes write the title “Private and Confidential Notes for the purpose of obtaining Legal Advice”.

In your notes, record:

what you ate and when (start with breakfast and work through the day);
where you were and at what time;
what, if anything you had to drink;
the size and strength of those drinks;
how you paid for anything you consumed;
who was with you;
what route(s) you took;
how you were stopped by the police;
did you have a cell phone available;
what the police said to you;
what you said to the police;
how the road side breath test was administered;
how you got to the police station;
how the breathalyzer was administered;
what was said to you about your right to obtain legal advice;
who you contacted for legal advice; and
any other details prior to your release from the station.
Do not share the notes with anyone, but bring them with you when you meet with your lawyer.

Keep all receipts and credit card statements.

If you or a loved one need help following an impaired driving, refusal to blow, over 80 or other serious charge, call us at 613-233-4529 or email richard@ottawalawfirm.ca.

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.

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.

Impaired operation of a motor vehicle contrary to section 253 (1) (a) of the Criminal Code of Canada.

Operating a motor vehicle with a blood-alcohol concentration that exceeds eighty milligrams of alcohol in one hundred millilitres of blood contrary to section 253 (1) (b) of the Criminal Code of Canada.

BACKGROUND: On Innes Road, a witness saw a man drive his car into a light standard on a median.  The witness, after seeing the collision, followed the driver as he left on foot. Later, paramedics arrived and Peter agreed to be examined in an ambulance before police arrived on the scene. When officers arrived, they smelled alcohol on Peter’s breath and administered a test that resulted in a reading of “F” or fail. Peter was then arrested and brought into the police station, where he failed two more breath tests.

Read the Summary of Police Allegations

GOALS: I did not want Peter to be burdened with a criminal record, and we wanted him to be able to keep his license. When Peter hired me to represent him, I wanted to do everything possible to have his charges dismissed or dropped.

STRATEGY: I believed that the Crown was in violation of Peter’s rights under Sections 11(b), and 24(1) of the Canadian Charter of Rights and Freedoms. I thought there to be several problems with the administration of the trial:

• After multiple adjournments, the Trial commenced more than 19 months after charges were laid.

• The delay of the proceedings was largely caused by the fact that not all efforts to serve a witness in the trial were exhausted.  Peter’s right to a trial within a reasonable time was violated.

RESULTS: According to the judge in trial, not enough had been done by police to locate a witness in this case that had relocated to British Columbia. That was one of several issues that caused Peter to have his right to a trial within in a reasonable time violated. The charges were dismissed.

Click here to Read the Judge’s Decision

As an Ottawa lawyer with a long record of success in fighting impaired driving charges, over the years I have found some helpful strategies that smart people use to find the best impaired driving lawyers for their Ontario case.

You can read about a few of these tips in my new article: Three Questions to Ask BEFORE Hiring an Ottawa Impaired Driving Lawyer.

It’s important to remember that these three pointers are only a small component of the strategy you should be using to search for a top impaired driving defence lawyer. Your strategy should also include talking with friends and acquaintances for their recommendations. Another smart plan is to do very thorough research – both online and elsewhere – on each lawyer you are considering hiring for your case.

Have you been arrested and charged with an Ontario drinking and driving offence? The Ottawa impaired driving lawyers at Auger Hollingsworth are here to help you find the best possible legal representation for your case. Call us today at (613) 233-4529 or email us at info@ottawalawfirm.ca.

The search for a top criminal defence lawyer is all about doing research and, asking yourself questions about any prospective lawyer. In this article I will share some of those questions with you – make sure you’ve thought about these before hiring a lawyer to take on your impaired driving case!

1. Does this lawyer have significant experience representing impaired driving cases at court trial?

Many impaired driving cases do make it to trial in Ontario courtroom, and you need a lawyer who is experienced and skilled in defending them in court. A skilled trial lawyer could win your case using techniques like specialized cross-examination. Avoid one who has not defended very many impaired driving cases in an actual courtroom.

1. How significantly does impaired driving figure into this lawyer’s criminal defence practice?

It’s important to find a lawyer who lists Ontario driving offences as a major component of his or her criminal defence practice. Avoid any lawyer who “dabbles” in impaired driving, or who specializes in a different area of law – impaired driving is a unique and complex area of the law that requires a specialized knowledge.

1. Does the lawyer have a sophisticated understanding of all the defences and strategies that could be used to fight my charges?

In Ontario, there are a number of ways you can fight impaired driving charges. For example, you can prove that the police officer’s administration of the test was not correct, or argue that the arrest was in violation of the Charter. Before you hire a criminal lawyer, make sure he or she has an up-to-date knowledge of these defences, as well as the experience and skills to apply them successfully.

Have you been arrested and charged with an Ontario drinking and driving offence? The Ottawa impaired driving lawyers at Auger Hollingsworth are here to help you find the best possible legal representation for your case. Call us today at (613) 233-4529 or email us at info@ottawalawfirm.ca.

Your criminal defence lawyer’s top objective will be to show that the breath test evidence is not admissible in court. In other words, you and your lawyer will attempt to have the charges dismissed because the breath test was not taken properly and therefore there is no evidence against you.

Fortunately, Section 258 of the Criminal Code of Canada includes a number of conditions which the breath test must meet, in order for it to be considered admissible evidence in any impaired driving case:

• The officer must have had reasonable grounds to suspect you had alcohol in your system, before demanding that you take a breath test.
• Each breath sample must be taken “as soon as practicable” after the police officer stops your vehicle.
• The first sample must be taken within a specified timeframe after your alleged driving offence took place. While there can be multiple tests, police officers must allow 15-minute intervals between breath tests.
• The breath test apparatus must be an approved instrument operated by a qualified technician.
• Each sample must be received directly.

If you have been charged with a driving offence in Ontario, including Impaired Driving, Over 80, or Sample Refusal, you need the help of a top criminal defence lawyer who may be able to prove that the evidence against you is not sufficient. For more information, contact the Ottawa impaired driving lawyers at Auger Hollingsworth by email at info@ottawalawfirm.ca or by phone at (613) 233-4529.

The Ontario government issued a press release announcing a scheduled change to their vehicle impoundment policy. Effective December 1, drivers arrested in connection with an alcohol-related driving offence will be subject to a seven-day vehicle impoundment – for which the vehicle’s owner must pay the towing and storage bill.

This new impoundment policy extends to those found driving with suspended licenses, but it also effects:

• Drivers found driving with a blood alcohol concentration of over 80 milligrams.
• Drivers who refuse to supply a breath sample to a police officer.
• Drivers required to have an interlock ignition device, and who are found driving without one installed.

After December 1, if you are arrested for an alcohol-related driving offence, the arresting officer will have to determine whether or not the vehicle is subject to impoundment. If he or she decides that an impoundment is necessary, you will be given a “Notice of Impoundment” and your car will be towed immediately from the site of the arrest.

In my practice, I fight on behalf of many drivers who were wrongfully arrested for Impaired Driving, Over 80, or Sample Refusal in Ontario. This seven-day impoundment period immediately following the arrest is both an inconvenience and a financial hit that will cause stress to the driver before he or she has a chance to start fighting their driving offence charges.

Have you been arrested for an alcohol-related driving offence in Ontario? You should speak with a top criminal defence lawyer as soon as possible – one who can help you understand your options and fight your charges. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

After you’re released from the police station, your first instinct might be to tell your family or close friends the “whole story” of your ordeal. As a criminal defence lawyer who has handled many driving offence cases, I can give you some important advice: keep your recollection of the events private, and discuss it only with your lawyer.

Instead of retelling the story verbally, to a friend or family member, you would be wise to write detailed notes about the incident. It’s important to include these crucial details:

• Which foods you ate on the day of the event (and when you ate them), as well as any alcoholic beverages you consumed.
• Where and when you were pulled over and arrested.
• Who was with you at the time (include their names and telephone numbers).
• What was said between yourself and the police, at the roadside and on the way to the station.
• Whether or not you had access to a phone at the time of the arrest.
• The type of tests that were administered, and when (e.g. was a breathalyzer used?)

These notes give you an opportunity to organize your memories of the incident, and they also provide you and your lawyer with a valuable reference for building your defence.

Have you been arrested and charged with an Ontario driving offence? Another early step you should take is contacting an experienced criminal defence lawyer, who can help you proceed with your case. For more information, contact the Ottawa lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

Here are some important facts to keep in mind:

• If you’re involved in an accident and you were drinking beforehand, that means you share the fault – and it could ruin your chance of seeking compensation from the other driver.
• In Ontario, you can’t have more than 80 milligrams of alcohol in 100 milliliters of blood. If you’re over the legal limit, this complicates your accident even further and could lead to criminal charges.
• Each drink you take affects your driving abilities. For some people, drinking just two alcoholic beverages can be enough to put them over the legal limit – it depends on many factors, including your height, weight, and alcohol tolerance.

Keep safety in mind while you’re enjoying your evening and while you’re on the road. Other drivers may not be smart about alcohol, so the holiday season is a good time to be driving defensively.

Have you been charged with Impaired Driving, blowing “Over 80” on a breathalyzer test, or refusing to provide a breath sample? Your next step should be speaking with an experienced criminal defence lawyer about your legal options. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.