Should You Plead Guilty to Your Impaired Driving Charge?

November 10, 2016

Many Canadians charged with impaired driving are under the false belief that pleading guilty is their only option. Some believe that the law is stacked against them and that hiring a DUI defence lawyer is a lost cause. But if you plead guilty to impaired driving, you will not only lose your drivers licence but you will also receive a criminal record which could haunt you for the rest of your life.

Are you considering pleading guilty to a DUI charge? Read our article below and see what ramifications this might have on you and your life.

Cutting Career Options

If you are a young adult, having a DUI conviction on your criminal record could make you ineligible for your chosen career. Do you want to become a real estate agent, financial advisor, teacher, government employee or police officer? With a DUI conviction on your record, you might find that your dreams suddenly become unattainable. Certain industries and professions have a strict code of conduct which allow no room for an impaired driving charge. For example, you may see severe consequences for an impaired driving conviction under the Real Estate and Business Brokers Act, the Ontario College of Teachers Act, the Veterinarians Act, the Surveyors Acts, the Engineers Act, the Health Professionals Act, and many more.

License Suspension

Along with a conviction will come the inevitable drivers license suspension. For a first conviction, your drivers licence will be suspended for one year under the Highway Traffic Act. For a second conviction, it will be suspended for three years and for a third conviction, it will be suspended for life. For many people, this can cause devastating results on their career and social lives. This is especially true for those who live in rural areas where public transit is minimal or nonexistent.

Moreover, if you are caught driving while prohibited, the consequences are very severe as it can result in you receiving a jail sentence and additional convictions on your criminal record

Increased Second Offense Charges

If you already have one or more DUI convictions on your criminal record and you and are charged again, you will find yourself in a very serious situation. This is because a second DUI conviction comes with in a mandatory jail sentence of at least 30 days plus a 3-year license suspension under the Highway Traffic Act and a third conviction comes with a mandatory jail sentence of at least 120 days plus a drivers licence suspension for life.

Pleading guilty is never the better option without first speaking to an experienced DUI lawyer.

Call John Erickson at (416) 363-3612!

Selecting a DUI Lawyer: What to Ask

October 18, 2016

When you find yourself in need of a DUI/DWI lawyer in Toronto, you will quickly see that you have a wide selection. But picking the right defence lawyer could make or break your defence in court. What questions do you need to ask a potential DUI defence lawyer to measure their potential for success in court?

Erickson Law boasts has an outstanding track record of DUI defence experience; read our blog below and make sure you are informed and ready to make a decision when it gets down to the wire. Remember to ask these questions to find the most qualified DUI lawyer in Toronto!

“How many years have you worked in DUI defence?”

Asking for how many years they have been in law might give you unrealistic expectations in their abilities, as DUI defence is a very unique type of defence that requires extensive experimental background.

“How many DUI cases have you defended?”

You need to feel like your defence lawyer is backed by years of substantial DUI defence experience, but the amount of cases matters more than the time frame. A lawyer with a particular expertise in DUI defence is crucial.

“Have you ever worked with a case that was similar to mine?”

The last thing you need is a lawyer who views your case as unique or a learning experience. All cases are different, but finding a lawyer who has seen similar circumstances in other cases will help you get the legal help you need.

“What challenges and outcomes do you foresee for my case?”

An experienced DUI defence lawyer will be able to tell you what potential challenges you may face in the court. However, be wary of any lawyer who guarantees a particular outcome. A reputable lawyer will not make false promises about a particular outcome and the only guarantee that a truthful lawyer can make is to try their hardest to defend you to the very best of their ability.

Need trustworthy, experienced and reliable DUI defence in Toronto? John Erickson is available NOW! Call (416) 363-3612 today!

DUI Pardons: Can I Apply for a Drinking and Driving Record Suspension?

September 19, 2016

Having a DUI on your record is life-changing, and not in a good way. Even after you’ve paid your debt to society and completed any required rehabilitative programs, a drinking and driving charge can cost you job and travel opportunities. For this reason, it is always in your best interest to discuss a pardon or “record suspension” with your drinking and driving lawyer. A record suspension effectively restores all rights and privileges that were lost as a result of your criminal conviction, although this does not apply to any licenses that may have been revoked as a result of your crime.

In today’s post, we explain the process of applying for a record suspension. As you might have already guessed, the first step is contacting your drinking and driving lawyer. Call (416)-363-3612 for a free consultation with an experienced drinking and driving lawyer in Toronto with more than two decades of experience, and an affordable block billing structure.

Understanding the Application Process

Removing a criminal record for drinking and driving in Canada has become substantially harder since Bill C-23B was enacted by Parliament in 2012. Known as the “Eliminating Pardons for Serious Crimes Act,” Bill C-23B amended the Criminal Records Act that deals with the pardoning process in Canada. Intending to get “tough on crime,” the Act introduces the term “record suspension” to depart from the forgiving implication of a “pardon,” an attitude echoed in the policy changes it proposes.

Since this amendment was introduced, the waiting periods for indictable offences doubled from 5 to 10 years and, for summary offences, from 3 to 5 years.

It may be possible to obtain a record suspension if you have been convicted of:

Driving while intoxicated or driving while impaired (DWI)
Driving while Ability Impaired (DWAI)
Operating while Impaired (OWI)
Driving under the influence (DUI)
Refusing to provide a breath sample
Failing to provide a breath sample
Refused breathalyzer test
Dangerous driving
Impaired operation causing bodily harm
Impaired operation causing death
Over 80

The application process for removing a DUI conviction in Canada varies depending on the jurisdiction in your area. A number of factors can influence the nature and time-line of your pardoning process; expect a longer wait if you received an indictable conviction or have been charged in the past.

Can my application for a record suspension be denied?

Yes. Applications are often denied when evidence of poor conduct arises.

What can I do to improve my chances of receiving a record suspension?

Providing evidence to the Parole Board of Canada that you have paid fines and completed your rehabilitation will improve your chances and accelerate the approval process. Beyond this, advice varies depending on your unique circumstances and jurisdiction. Consult with your legal representative for further instructions. Call (416)-363-3612 to speak with a drinking and driving lawyer in Toronto, or visit our Pardons and Record Suspensions page to learn more.

Toking and Driving: A DUI Lawyer Reviews Roadside Reefer Testing Policy

August 18, 2016

Although most Canadians support the legalization of marijuana, the lack of reliable roadside testing has always been an issue. Police can conduct field sobriety tests if they suspect a driver is impaired, but no devices equivalent to the breathalyser have yet been implemented.

In today’s post, Toronto drinking and driving lawyer John Erickson shares some news about marijuana roadside testing technology. Read on to learn what the federal government is doing to prevent “toking and driving” in 2017.

More Ontarians are driving while high

In a recent interview with CBC news, Ontario Provincial Police Sgt. Kerry Schmidt said: “There’s just no doubt about it, we’ve seen an increase in the number of drug-impaired driving incidents over the past one or two years.”

Little scientific research has been conducted on the effects that cannabis has on drivers. This has left room for pro-marijuana advocates to insert their own beliefs about the drug’s potency, which may have contributed to the increased willingness to drive under the influence. MADD surveys found that both adolescents and parents believed that smoking marijuana and driving was less serious than drinking and driving. Until concrete scientific data is published, these dangerous attitudes will persist.

No baseline of impairment has been established

The blood-alcohol limit of 0.08 is well-known, but no similar empirical baseline of legal impairment has yet been established for marijuana. Roadside testing prototypes are able to detect the presence of THC, the mind-altering substance found in cannabis, but they are less effective for measuring precise levels.

Determining this baseline level of legal impairment will be crucial for the regulation of marijuana in Canada. In the U.S., marijuana is medicinally or recreationally legal in 24 states, but no clear consensus on impairment levels has been set. Current limits range from zero nanograms of THC per millilitre of blood to five.

Some opponents of legalization have pointed to this inconsistency as being one cause for the increase in fatal crashes in Washington state since their legalization of marijuana in 2012. According to the American Automobile Association Foundation for Traffic Safety, “Limits for marijuana and driving are arbitrary and unsupported by science, which could result in unsafe motorists going free and others being wrongfully convicted for impaired driving.”

Until clear regulations have been set, the best legal advice you will get is to abstain completely from “toking and driving.”

Roadside testing kits are being developed

The RCMP is currently testing three different roadside devices to detect and measure marijuana use in drivers.

Building on the system currently being used in Europe, Liberal MP Bill Blair says that the key to keeping our roads safe is oral fluid testing. If an officer suspects a driving is under the influence, they can procure an oral fluid sample by swiping a special plastic stick across the suspect’s tongue. The saliva sample is then mixed with enzymes in the roadside testing kit. If the driver is under the influence, a red line would appear on the stick within three minutes. At this point, the officer would have the right to take the driver to the station for a full test. Similar oral fluid kits are already being used to great effect in Europe.

Contact a DUI lawyer in Toronto to learn more

You can learn more about Canada’s mercurial marijuana laws by booking a free consultation at Erickson Law. John Erickson is a drinking and driving lawyer with over two decades of experience. Call (416)-363-3612 or visit our DUI page to learn more

Youth DUI and DWI Statistics from a Toronto Drinking and Driving Lawyer

July 12, 2016

Drinking and driving is a serious offence that endangers the lives of everyone on the road. Alcohol impairs judgement, worsens motor skills and hand-eye coordination, and disrupts our ability to focus, all of which affect our ability to drive safely. None of us are immune to the effects of alcohol, and drivers with even small amounts in their system are much more likely to be involved in fatal crashes.

Unfortunately, youth drivers are at even greater risk. Not only are young drivers typically less tolerant to the effects of alcohol, but they generally lack driving experience. Young drivers tend to take more risks, drive at greater speed, and be less defensively-minded than seasoned motorists. This is why insurers are able to justify raising premiums for young drivers.

The following drinking and driving statistics shed further light on the issue of youth drinking and driving and may help parents keep their children safe:

–Young people have the largest rates of drinking and driving death and injury per capita among all age groups. They also have the highest death rate per kilometre driven. The 16-25 demographic make up over 30% of impairment-related motor vehicle deaths despite constituting only 13.6% of the driving population, according to MADD.

–Motor vehicle accidents are the leading cause of death among those aged 16-25, and over 50% of those cases involved the consumption of drugs and/or alcohol.

–According to MADD, drivers aged 19 are most frequently involved in fatal drinking and driving incidents. In contrast, the smallest proportion of drivers who are seriously injured or killed in DUI-related incidents are age 16.

–Male drivers account for over 85% of those killed in drinking and driving incidents.

–Young drivers are much more likely to be injured or killed during the summertime. Clear road conditions may encourage more reckless driving. MADD estimates that over 30% of fatal accidents occur in the summer, whereas only 8% take place over the winter.

–Most drunk driving resulting in adolescent death or injury takes place over the weekend, and specifically at night time.

–The majority of youth drinking and driving fatalities occur while driving an automobile. Young drivers are the most likely demographic to be involved in single-vehicle crashes.

-According to MADD, by the time a young driver’s Blood Alcohol Content (BAC) reaches 0.10%, he or she is over 50 times more likely to be involved in a fatal crash than a sober driver.

–In a survey conducted by MADD, nearly one third of teens indicated that they saw driving while impaired by marijuana as being less serious than driving under the influence of alcohol. Surprisingly, 25% of parents of teenagers shared this belief. This perception is dangerous, and could contribute to the high rates of impaired drivers from younger demographics.

Final Words from a Drinking and Driving Lawyer in Toronto

It only takes one drink or inhalation of marijuana to impair your ability to drive. Never drive after drinking or using recreational drugs; if not for your own sake, then refrain for the sake of your loved ones, and the safety of those who share the road with you.

If you or a loved one has been injured as a result of an impaired driver, please do not hesitate to contact a drinking and driving lawyer. Call (416)-363-3612 or click here to schedule a free consultation with John Erickson.

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Category: Criminal Defence Lawyer