Impaired Driving in Canada

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Impaired Driving in Canada

Ontario, Canada has extremely strict laws for drinking and driving offences especially for impaired driving, Over ’80 and impaired care or control. A driver taken in for a trial of impaired driving might have to face severe consequences once he is convicted. The consequences may be:

  • Barred from driving in future
  • Jail sentence
  • Installing ignition device
  • Completing a provincial assessment course named “Back on Track”
  • Insurance premiums may rise up to multiple times

Criminal Lawyer Toronto – Ernst Ashurov

http:/ernstashurovlaw.com/

Any of these might lead to a criminal record which will restrict you from traveling outside Canada and your employment opportunities. Over the years of the practice of criminal lawyer Toronto Ernst Ashurov he has learnt that offenders perceive such offenses to be simple traffic violations but in reality such offenses have grave punishment. If the offender is found guilty then his/her driving license will be cancelled and has to pay a fine. The worst part is that you will acquire a criminal record which will have its repercussions in your future.

The Canadian government to control such mishaps and to prevent such accidents has discouraged the accused from seeking a defense lawyer. However, this is unconstitutional and has been so ruled by the Supreme Court of Canada on November 2012 which means you can appoint your defense lawyer to fight for you in court during the trial. Sadly, the scenario is not always this. The accused is often pressured into pleading guilty by the public administrators to get their driving license restored. The offenders generally plead guilty within the initial 90 days of the accident in the hope to get the license restored otherwise he/she will be restricted from driving for a full year in case of first offence.

By pleading guilty to the court the offender can get back the license if the Court and Crown Attorney accept his plea. In this case the license will be revoked only for 90 days and the offender can drive after that but he/she must enroll in the Interlock Program conducted by the Ministry of Transportation which entails installation of a specially designed interlocking ignition device which stops the offender from starting the engine if he/she has consumed alcohol. According to me there a few problems with this system:

  • The ultimate decision rests in the hands of the Ministry of Transportation
  • You will acquire a criminal record the moment you plead guilty
  • Most of the times the documents and information required to bail you out of the situation do not reach the lawyer’s hand within 90 days time.
  • You cannot drive even after retrieving your driving license because the insurance premium becomes too high.

Now, take a look at the advantages you derive by taking the case to the trial. They include:

  • You can beat the charges with the assistance of an experienced professional impaired driving lawyer
  • Even if you do not win the case, the new legislation will allow you to get you license back sooner than the time it will take in case of pleading guilty. However, you won’t be able to drive for 6 months and then drive with the interlocking device.

So, you can clearly see for yourself that taking the case to the trial will be more helpful and you will need an experienced drinking and driving offence lawyer to represent you at the court. I usually walk into the courtroom with solid preparation and armed with precedents to validate every point I make. I have adequate knowledge on the various ways of breath tests so the police cannot deceive me. I also possess practical knowledge about the Charter jurisprudence and particular issues dealing with impaired driving so that I can assist you in receiving acquittal from charged instead of guilty.

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