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Is failing to provide a breath-sample a criminal offence in Canada? People often do not realize that refusing to provide a breath-sample is a criminal offence in Canada. This includes both an outright refusal or deliberately providing improper samples. What are the penalties for refusing to provide a breath-sample in Canada? Failing to give a […]
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21 Sep '17
Legalization leading to increased driving while impaired by marijuana? Legalized marijuana will lead to more impaired driving according to police representatives testifying before the House of Commons Justice Committee, which is hearing evidence about the government’s new impaired driving law, designed to coincide with the legalization of marijuana. The police expressed concern with the number […]
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- Impaired by Marijuana
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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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The Criminal Code of Canada says breath-readings are deemed to be accurate if the first test is taken within two hours of the time of driving. An accused person can undermine this presumption by showing the machine was operated improperly. In the recent Ontario drinking and driving case of R. v. Paspaporn, 2015 ONCJ 734, […]
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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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Tyler was involved in car accident and arrested at his house shortly after. He was taken to the hospital, where he provided Breathalyzer samples. Tyler was charged criminally with impaired and over 80 driving. Tyler’s job required driving and a security clearance. A conviction for drinking and driving would have cost Tyler his job. The financial […]
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Here are 4 reasons to not “just plead guilty” to DUI charges in Ottawa & Ontario.
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Justice Paciocco, author of The Law on Evidence, recently rejected the testimony of an accused person about how much he had to drink in an Ottawa criminal trial. Justice Paciocco rejected the accused’s testimony largely based on the testimony of the Crown’s toxicology expert on the reliability of the Intoxilyzer 8000C.
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The Supreme Court upheld key provisions in the 2009 Criminal Code amendments. These amendments were designed to eliminate the so-called “two-beer defence”, also known as the “Carter defence” and “evidence to the contrary.” Before 2009, the “two-beer” defence was an effective defence argument that had resulted in many acquittals.
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You do not have to be driving to be charged with a DUI offence. Someone who is found by the police in the back-seat of a car, or outside a car, can be charged with impaired / over 80 “care and control” in Ontario.
Ottawa DUI Lawyer
Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373