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In November 2016, our client was found not guilty of impaired/over 80 and dangerous driving charges in Ottawa. People reported a damaged high-performance car driving erratically. The car was registered to our client. Based on descriptions from witnesses and video surveillance, the police believed our client was the driver. He was arrested at home a short […]
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Parliament is considering new legislation which would radically alter impaired driving law in Canada. Many of the provisions likely violate the Charter of Rights and Freedoms and threaten the right to a fair trial. On September 29, 2016, the bill was before the Public Safety and National Security Committee. A copy of the bill can […]
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One of our drinking and driving cases was stayed in September for 2016, when the police were caught discussing their evidence during the trial. During criminal trials the judge usually prohibits witnesses from discussing their evidence. This is done to protect against one witness tainting another witness’ evidence. In our case, the police were found […]
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New penalties for drug-impaired driving take effect Sunday Oct. 2, 2016, in Ontario Ontario motorists stopped by police for driving while high on marijuana — or other drugs — will face the same Highway Traffic Act penalties as drunk drivers starting Sunday, October 2, 2016. It was already a criminal offence to drive a motor […]
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Our Francophone client was arrested for drinking and driving. At the police station she asked to speak to the French speaking civil or family lawyers who represented her. The police claimed that they tried to call both these lawyers, with no result. The police then put our client on the phone with Duty Counsel. Our […]
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Our client was recently found not guilty of failing to provide a roadside breath sample and impaired driving in Ottawa. The police pulled our client over for speeding. The officer demanded that our client provide a breath sample into a roadside approved screening device. The officer alleged that our client provided about ten insufficient samples, […]
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In R. v. Cheema, 2016 ONCJ 61 the accused was held in a cell for four hours and 20 minutes after the failing the Brethalyzer tests. At trial, the judge ruled this violated the accused’s Charter right against arbitrary detention and arrest. The violation was not serious enough to exclude the breath readings as evidence. […]
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You probably know that there are mandatory minimum penalties for adults who are convicted of drinking and driving in Canada. But, what are the penalties for someone under 18 years of age who is convicted of a drinking and driving offence in Ontario? There are no mandatory penalties for young offenders who are found guilty […]
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The “Carter defence” allowed an accused person to rebut the readings an Intoxilyzer by testifying about how many drinks they consumed. This was also known as the “two beer” defence. The 2009 changes to the Criminal Code effectively banned an accused’s self-reported drinking history from challenging the breath readings. The Ontario Superior Court recently confirmed […]
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Angela was found not guilty of impaired/over 80 “care and control” of a car, after a trial in Ottawa. Here is the story of her case. Early one morning, Angela was sleeping in the driver’s seat of her car with the engine running. The car was parked on the street. The police knocked on the […]
Drunk driving
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373