Know Your Rights: Understanding Drinking and Driving Charges in Ontario

March 3, 2016

The current federal limit for a driver’s BAC is 80 milligrams of alcohol per 100 milliliters of blood; anything over that number qualifies as a criminal offence, known more commonly as an “over 80.”

However, drivers needn’t be over 80 to need get a DUI. If an officer believes that your ability to drive is impaired by any amount of alcohol in your system, you will be charged. In fact, you don’t even have to be driving for this to happen. You can be charged with impaired “care or control” even if your car is turned off and you are just sleeping inside or if you are trying to get a tow truck to pull it out of the ditch or a snow bank.

Understanding the Difference Between a DWI, DUI, DWAI, OUI, and Impaired Driving Charge

Impaired driving: A common term referring to the operation, care or control of a vehicle while under the influence of alcohol or drugs. “Impaired driving” is a chiefly-Canadian term; if you Google “impaired driving lawyer Toronto,” you’ll get mostly Canadian results. These other acronyms are derivatives that essentially mean the same thing.

DWI: Driving While Intoxicated.

DWAI: Driving While Ability Impaired.

DUI: Driving under the Influence.

OWI: Operating While Impaired.

What if I refuse a breath test?

Your drinking and driving lawyer will always caution you against refusing or failing to provide a breath sample. If you refuse or fail to provide a breath sample, you will be charged with “Refusing or Failing to Provide a Breath Sample.” This charge carries the same penalties as an impaired driving charge.

What are the license suspensions when found guilty in Ontario?

If you are convicted of drinking and driving or “over 80,” you will face the following suspensions, along with other repercussions, including jail time:

1st offence: 1 year suspension.

2nd offence: 3 year suspension.

3rd offence: indefinite suspension.

Subsequent offences: indefinite suspension.

Those convicted of drinking and driving may also be required to attend Educational or Rehabilitative Care programs before they are able to drive again.

If you would like to learn more from an experience drinking and driving lawyer in Toronto, or require a free consultation, please visit https://ericksonlaw.ca/impaired-driving-charges/, or call (416)-363-3612 to speak directly with John Erickson.

Why Experience Matters: Finding a Drinking and Driving Lawyer

March 2, 2016

Driving or having care or control of a motor vehicle while impaired by drugs or alcohol is a very serious criminal offence in Canada. The penalty is the same as driving or having care or control of a motor vehicle if you have more than 80 mg of alcohol in 100 mL of blood or refusing or failing to provide a breath sample. Together, these offences are referred to by many names, including drinking and driving, driving while impaired, DUI, DWI, Over 80, or refusing or failing to provide a breath sample.

Being convicted of a drinking and driving offence will have severe consequences in both your personal and professional life. A conviction for a first offence will result in a criminal record, a one-year driver’s license suspension and a fine of at least $1,000. A conviction for a second offence will result in a jail sentence of at least 30 days. A conviction for a third or subsequent offence will result in a jail sentence of at least 120 days. As well, Ontario’s Ministry of Transportation will suspend your driver’s licence for one year for a first conviction, three years for a second conviction, and for life for a third conviction.

Who Do I Turn To?

Many criminal defence lawyers in Toronto claim to defend individuals convicted of drinking and driving, when in reality the majority of these cases end with a guilty plea. To those unfamiliar with the complexities of drinking and driving laws, this may seem like the only option, especially when the prosecution presents damning evidence from police breath technicians and forensic toxicologists.

Only qualified and experienced drinking and driving lawyers will be able to navigate the technical and complex provisions outlined by the Criminal Code in regards to driving while impaired. If you are accused of driving while impaired, it’s critical that you seek out a representative with expertise in this area of the law.

The police and prosecution must follow a number of technical legal requirements when investigating a person under suspicion of driving drunk. Often, “not guilty” verdicts are achieved by identifying instances where the police violated constitutional rights while collecting their breath or blood samples. A skilled drinking and driving lawyer will review your case notes, as well as the reports compiled by the investigating officer, to ensure their constitutional compliance.

Effective drinking and driving lawyers will have access to a network of resources and forensic consultants who can assist them during challenging cases. They will be able to help identify instances where medical conditions have adversely affected your ability to provide a breath sample. In some cases, conditions like Crohn’s disease, gastroesophageal reflux disease (GERD), and diabetes have been known to distort testing results. Drinking and driving lawyers will understand the physiological foundation for these defenses, and will give you your best chance at freedom.

Find a Drinking and Driving Lawyer in Toronto

If you are seeking an experienced drinking and driving lawyer in Toronto, John Erickson can help. With decades of experience, a commitment to client care, and an affordable billing structure, John Erickson has protected the constitutional rights of many of those accused of driving under the influence in Ontario.

To learn more about John Erickson’s drinking and driving defense, visit https://ericksonlaw.ca/impaired-driving-charges/, or call (416)-363-3612 to book your free consultation now.

Drinking and Driving Lawyer in Toronto – Do I Plead Guilty?

January 12, 2016

You’ve been arrested for drunk driving – what do you do? A guilty plea can drastically affect your future; find out how from a reputable drinking and driving lawyer.

Most people have had the consequences of driving drunk drilled into them through TV and radio commercials, MADD campaigns, and public service announcements. Too often, we feel these consequences firsthand when loved ones are affected by someone’s reckless decision.

Don’t drink and drive – the message is loud and clear. What’s unclear is how to proceed if you’ve been arrested for DUI or impaired driving. Do you plead guilty? Do you hire a lawyer? Read on to learn more or contact John Erickson Law firm to get immediate advice what actions to take to defend your drink and drive case.

The Situation

You’ve just been charged with impaired driving, refusal, or “over 80.” Your license has been automatically suspended for 90 days and you’re feeling pressure to plead guilty. You’ve been told that doing so allows your automatic 90-day suspension and the 1-year driving prohibition to run concurrently (i.e. at the same time).

Is it worth it to hire a drinking and driving lawyer in Toronto? What happens if you take the Ontario Government’s advice and just plead guilty?

What Happens When You Plead Guilty

It’s always in your best interest to consult a drinking and driving lawyer in Toronto before you make a drastic decision; even the advice offered during your free consultation can make all the difference.

You probably don’t need a drinking and driving lawyer in Toronto to tell you that a guilty plea will drastically affect your insurance rates. However, this is only the tip of the iceberg.

Pleading guilty will give you a record of a criminal conviction that will likely impact you for the rest of your life. If you hoped to work in the school system, police force, or government or to do volunteer work, a guilty plea may prohibit you from realizing your dreams. Your drinking and driving lawyer in Toronto can produce an exhaustive list of consequences you’ll face if you plead guilty. The Registered Insurance Brokers Act, the Surveyors Act, Professional Engineers Act, Funeral Directors and Establishments Act, Real Estate and Business Brokers Act, and many other statues outline stringent consequences for those pleading guilty to drunk driving offences.

Of course, you’ll also lose your driver’s license for a minimum of one year which can be devastating for your employment and social prospects.

Your drinking and driving lawyer in Toronto should also give you information about how a guilty plea affects any future convictions. If you plead guilty for your first impaired driving, refusal or “over 80” charge, you’ll face a fine of at least $1000 and a driving prohibition of at least 1 year. A conviction for a second DUI offence will result in a jail sentence of at least 30 days and driving prohibition of at least 2 years. A conviction for a third DUI offence will result in a jail sentence of at least 120 days and a driving prohibition of at least 3 years, plus the Ontario Ministry of Transportation will automatically suspend your driver’s licence for life! And if you are caught driving at any time while you are prohibited, the consequences can be even more severe than the original DUI charge.

Plus, it should come as no surprise that if you are charged with impaired driving causing bodily harm or impaired driving causing death, the consequences will be even more drastic if you plead guilty.

Granted, you may be eligible for a record suspension (formerly called a pardon) at least 5 years after your sentence ends, but this is not a guarantee. Not only are record suspension taking longer than ever to be granted but many activist groups and politicians are lobbying for drunk driving, refusal, “over 80” and DUI convictions to be ineligible for record suspensions. As well, Canadian record suspensions or pardons are not always recognized by US border authorities, certain provincial legislation, and Criminal Code driving prohibition rules.

What are my options?

Specific recommendations cannot be given unless you hire a drinking and driving lawyer in Toronto to assess your unique circumstances.

However, if you choose to take your time and think about what you’re doing, you can strengthen your case by asking for a “full disclosure”, including a copy of the “breath room video.” You can also ask for a short adjournment in court which will give you time to bring your disclosure to a drinking and driving lawyer in Toronto, who will then assess the validity of your defence to the charge.

Schedule a free consultation with a drinking and driving lawyer in Toronto

Try to schedule a free consultation with a reputable law firm – this will take no money out of your pocket, but will give you a chance to find out how much your defence will cost directly from the mouth of a drinking and driving lawyer in Toronto.

To learn more about our services at Erickson Law, you can call (416)-363-3612 to speak with Mr. Erickson directly.

Understand Your Rights With a Drinking and Driving Lawyer in Toronto

December 10, 2015

There is a substantial amount of misinformation out there pertaining to Ontario’s drinking and driving laws; most people don’t realize that they can be convicted of “drinking and driving” even when they’re not actually “driving” their vehicle. In any case you may want to defend your case by consulting with a drink and drive lawyer, call John Erickson law firm, we can help.

Drinking and driving is outlined in the Criminal Code as occurring in two cases:

1. If you operate a motor vehicle while:

a) your ability to do so is either impaired by alcohol or a drug, or

b) the concentration of alcohol in your blood exceeds 80 milligrams of alcohol per 100 millilitres of blood, commonly referred to as an “over 80” charge

2. If you have “care or control” of a motor vehicle while:

a) your ability to operate it is impaired by alcohol or a drug, or

b) the concentration of alcohol in your blood exceeds 80 milligrams of alcohol per 100 millilitres of blood, commonly referred to as an “over 80” charge

The definition of “care or control” of a motor vehicle extends far beyond driving, as your drinking and driving lawyer in Toronto will explain. For example, you could be found to be in “care or control” of your vehicle if you are asleep in the driver’s seat or even if you are outside of it and simply arranging for it to be towed by a tow truck!

In practice, people are often charged with both of “impaired” and “over 80” at once. However, it is possible to be found guilty of impaired operation or impaired care or control even though your blood-alcohol concentration is less than 80 milligrams and vice versa, you can be found guilty of over 80 operation or over 80 care or control even though you are not impaired.

As well, did you know that you can be convicted of “drinking and driving” for refusing to provide a breath sample? It’s true. If a police officer makes a valid demand for a breath sample, you can be convicted of “drinking and driving” for refusing or failing to provide it. Some people think they can “beat the charge” by refusing testing, but this will garner the same punishment that you’d receive for being impaired or having more than 80 milligrams of alcohol in your system.

What can I expect if I’m convicted of drinking and driving in Ontario?

It’s vital that you find a drinking and driving lawyer in Toronto to represent your interests in the case of a conviction. You can expect the following:

– A criminal record

– Being prohibited from driving for a minimum of one year

– Being fined at least $1,000

– The Ontario Highway Traffic Act automatically suspends your license for 90 days. This happens just from being charged even if you are later found not guilty.

– Jail time for those convicted of a second, third or subsequent offence

– Penalties will increase if anyone is injured or killed as a result of your drinking and driving

To learn more, or find a drinking and driving lawyer in Toronto, visit https://ericksonlaw.ca/impaired-driving-charges.

6-Point Case Walkthrough from a Domestic Assault Lawyer in Toronto

December 8, 2015

Is someone you love currently facing allegations of violence or threats of violence towards a family member? Are you personally in need of a domestic assault lawyer in Toronto?

In either case, the following article will tell you what you need to know about domestic assault charges in Ontario. Learn what to expect during the arrest and investigation, how to get charges withdrawn, and when to find a criminal defence lawyer in Toronto from the team at Erickson Law.

Understanding the Incident

Domestic assault charges typically arise from circumstances where an argument or physical altercation has occurred between spouses or family members. These cases usually begin with a 911 phone call to police from one spouse who feels threatened by the demeanour or behaviour of the other.

Whatever the dynamic may be, usually at least two police officers will be dispatched to the couple’s place of residence in response. One officer will be responsible for interviewing one of the spouses while another interviews the other. An allegation of violent or criminal conduct by one will usually cause the police to arrest and charge the other.

Inside the Arrest

In the case of an arrest, the accused will be placed in handcuffs and transported to the police station. Police may process and release him/her at their discretion from the station but usually, they will hold him/her for a bail hearing. It is in your best interest to hire a domestic assault lawyer in Toronto to represent you during your bail hearing, both to improve your defence and ensure that all of your rights and freedoms are respected throughout the process.

What can I expect at the bail hearing?

Consulting with a domestic assault lawyer in Toronto is the best way to prepare yourself for your bail hearing. They will be familiar with the process and best practices.

If the accused is granted bail, his/her bail will that certain conditions be obey and almost always the bail conditions will include that the accused:

1. Not have any contact or communication, either directly or indirectly, with their spouse, and.

2. Not go within a defined number of metres of the family home or wherever the other spouse’s works, attends school, or happens to be

The latter condition is often enforced even in situations where the accused is the legal owner of the property. This means he/she may be forced to find an alternate residence until the case is over or the conditions are varied pursuant to a formal application.

To change bail conditions, the accused must either obtain the Crown’s consent or, where the Crown refuses to consent, through an application for a bail review to the Superior Court of Justice. It is always best to ask a domestic assault lawyer in Toronto whether or not applying for a bail review is advisable. A qualified domestic assault lawyer in Toronto will make the effort to understand your concerns, educate you about available options, and outline tentative timelines, costs, and procedures to expect.

Can I have the charges withdrawn?

Sometimes the police are called by one partner hoping that they will mediate the conflict rather than making an arrest. People often regret contacting the police once the arrest has occurred, and attempt to ask the Crown to withdraw charges. Unfortunately, domestic assault charges in Ontario are rarely withdrawn once they are laid. If you wish to get charges withdrawn , it is always best to consult with a domestic assault lawyer in Toronto to decide the best course of action, or you may be exposing yourself to criminal charges.

How long do domestic assault cases take to reach a resolution?

Every case is different. Whereas some cases may take only a few weeks to resolve, others may take several months. In every case, however, it is always best to consult with an experienced domestic assault lawyer in Toronto as soon as possible.

What do I do if I am going to trial?

If your case is going to trial, it is always best to contact a criminal defence lawyer in Toronto to represent you. John Erickson is a qualified domestic assault lawyer with decades of experience. Call (416)-363-3612 anytime for immediate access to an experienced domestic assault lawyer in Toronto.

You can read more about John Erickson’s affordable block billing structure, extensive legal background, and success as a domestic assault lawyer in Toronto at https://ericksonlaw.ca/assault-and-domestic-violence-charges/.

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Category: Criminal Defence Lawyer