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: As she was driving away from an area where a loud party as taking place, Natalie was stopped by police. The officer who pulled her over conducted a road-side breath test, which Natalie failed. She was then taken by the officer to the police detachment for another breath test.  After failing the second breath test, she was charged with Over 80.

Read the Summary of Police Allegations

GOALS: It is well known that the consequences of an Over 80 conviction in Ontario are very serious. Those convicted often pay heavy fines, have their license suspended and are burdened with a criminal record. In this case, we set a goal to have Natalie avoid a criminal record. Natalie and I hoped we could have her charge dismissed.

STRATEGY: I applied to have much of the evidence in this case excluded because the methods used to obtain it were in violation of the Canadian Charter of Rights and Freedoms sections 7, 8, 9, 10(b), 11(d) and 24(2). We filed a Charter application making the request. I felt like there were several problems with Natalie’s arrest:

• The officer who pulled Natalie over lacked the required reasonable grounds to stop and arrest her.
• Natalie was not given reasonable opportunity to choose her lawyer and contact him or her at the time of her arrest.
• The breath test conducted on the roadside was not done in a timely manner and the officer involved did not have a “Warrant to Search” which would authorize him to conduct the test.

RESULTS: The Judge in this case agreed with several of the arguments we made, and all charges against our client were dismissed at trial.

Read the Judge’s Decision

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.

Federal Justice Minister Rob Nicholson is planning to change that with new legislation at the provincial and federal levels, which will give police officers the right to conduct breathalyzer tests at random – no erratic driving or drunken behavior necessary.

Canadian news sources are reporting that Minister Nicholson has already met with provincial lawmakers in Alberta and British Columbia. He will, however, need the support of every province before he can attempt to introduce the federal laws allowing random roadside breath tests.

Mothers Against Drunk Driving (MADD) Canada made the news earlier this month by making calls for new Canadian laws that would allow random roadside testing.

As far as criminal defence lawyers are concerned, there is one worrying aspect of these potential new laws: they may be a violation of the Charter of Rights and Freedoms , which forbids unreasonable search.

I have successfully proven, in many cases, that arrests and charges for Impaired Driving were not appropriate – and I have had many of these charges dismissed. Laws which legalize tests at random would only serve to increase the number of unreasonable driving arrests in Ontario.

Have you been charged with Impaired Driving, “Over 80,” or any other criminal driving offence in Ontario? It’s important to speak with a top criminal defence lawyer who can inform you on your rights and help you win your case. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

These charges are distinct from one another – although police can and do lay more than one if the circumstances call for it.

1. Impaired Driving

Criminal Code of Canada Section 253(A)

Police lay Impaired Driving charges against individuals who show evidence of inebriation (e.g. slurring of speech, bad driving, or lack of balance) while in control of a vehicle. This charge can be laid whether or not there was a breath test prior to the arrest.

1. “Over 80”

Criminal Code of Canada Section 253(B)

You’ll only be faced with an “Over 80” charge if you took a breathalyzer test and blew over the legal limit, which is 80 milligrams of alcohol per 100 milliliters of blood – hence the title, “Over 80.”

1. Refusing to Provide a Breath Sample

Criminal Code of Canada Section 254(5)

A Refusal of Sample charge is laid when a police officer demands that you take a breathalyzer test – either on the roadside or at the police station – and you refuse to do so.

As we enter this year’s holiday season, Ontario’s drivers will once again be subject to RIDE tests and other roadside screenings. Make sure you understand your charges if you’re arrested for a DUI.

If you’ve already been charged with a driving offence in Ontario, it’s important to get advice from an experienced criminal defence lawyer. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.