Defending Drunk Driving Charges In Ontario

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 moreDefending Drunk Driving Charges In Ontario

Defending Drunk Driving Charges in Ontario

Criminal defence lawyer Richard Auger has defended many clients charged with motor vehicle offences, including impaired driving, driving “over 80” and refusal to provide a breath sample.

Call us at 613- 233-4529 so we can use our experience to help you.

There is a lot at stake…

If you are convicted of a drunk 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
  • A criminal record

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 Auger Hollingsworth help?

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?

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 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.

Impaired Driving: Man in China Sentenced to Death – A Chinese man was sentenced to death this week after an impaired driving accident that killed four people.

Although Ontario and Canada have strict laws against impaired driving and driving “over 80”, they could be much stricter.

An unlicensed impaired driver who killed four people in Sichuan province was handed a death sentence on July 24, 2009.  Sun Weiming, a 30-year-old company executive in Chengdu, Sichuan province, was found guilty of endangering public safety and sentenced to death by the Chengdu Intermediate People’s Court.  It is believed that he is the first drunk driver to be charged with “endangering public safety” and sentenced to death in China.  News reports claim that he drove his Buick into four oncoming sedans.  Tests after the accident showed he had 135.8 milligrams of alcohol per 100 milliliters of blood.  The legal limit was 80 milligrams.

For more information about Ontario’s impaired driving laws and what to do if you are charged with an alcohol-related driving charge, Order our book:  Fighting Drinking and Driving Charges.

Ottawa Lawyer: Driver Drowns In River After Police Chase

A man drowned in the Ottawa River early in the morning on Friday, May 15th, 2009, after driving a stolen car into the water following a police chase, and then trying to swim to freedom.

The man is believed to be around 30-years-old however he has yet to be identified. He was found underwater about 80 feet from where he had driven the car into the water.

The passenger in the vehicle, a 17-year-old teen from Gatineau, waded from the car to police who were waiting on the shore. He was taken to hospital where he was treated for hypothermia. He was then released into police custody.

The chase began when police spotted a Ford Mustang with unregistered plates. They ran the plates, contacted the owner and learned the vehicle had been stolen from the owner’s barn.

Officers tried to pull the vehicle over but the driver refused and sped down Hwy. 148 until eventually going into the river. Investigators don’t believe the driver tried to swerve or hit the brakes before hitting the water.

An autopsy is being conducted on the river.

Order our free book “Fighting Drinking and Driving Charges in Ontario”.