In Canada, there are two types of charges which are associated with drunk driving – one is called impaired driving (according to section 253, 1a) and second is over 80 (section 253, 1b). both charges have similar punishments and accused will be charged with just one according to the nature of conviction.
For a common person, both charges might appear to be same however, an expert lawyer knows that there are some differences that need to be handled with different techniques in order to defend the case of the accused.
To have comprehensive insight of what is impaired driving Toronto, you have to understand that it comprises of bringing a vehicle into motion and your capability to operate it under the influence of drug or alcohol will be impaired. You should have to remember this factor that alcohol is not the only thing to make you charged with impaired driving. The thing in such offences is not the amount of alcohol in the accuser’s blood instead impaired driving offence is associated with the ability of a person to drive a vehicle under the influence of any intoxicating substance.
When it comes to prove that the person is really accused, the Crown has to show that the person does not have the ability to drive vehicle at that time. For this, they usually take help from police officers and different witnesses who take great care of how to speech, drive, maintain balance and follow indicia or signs of impairment.
In impaired driving Toronto case trials, it is common to have many proofs from the police officers who are following the case. These evidences are normally considered as boiler plate evidences of impairment: watery eyes, slurred speech, bloodshot, problems with bizarre and balance or even erratic driving. As each proof is scary on its own, then think what they can do when presented all together in the court. However, video recordings are something that can help accuser’s lawyer to strengthen the case because sometimes, recordings tell what police officers are unable to observe.
On the contrary, the case of over 80 can only be charged where alcohol is involved and there isn’t any factor of impairment. In this case, if the Crown proves that the amount of alcohol in accuser’s blood is higher than the limit allowed, he/she has to bear the punishment. Legal limit from the Canadian government is around 80 Mg of alcohol in every 100 ML of blood. This is the reason this charge has been given a name of OVER 80.
But sometimes, the level of alcohol does not found to be same when it is determined after fifteen minutes from being stopped and a few hours later from being caught. Even if anyone has doubt over the results, they can go to a breath technician who will take samples of accuser’s breath and send them for examination. This will help to evaluate the exact amount of alcohol present in the blood.
If you still have confusions about the charges, then contact Criminal Lawyer Toronto Ernst Ashurov in order to have complete insight.