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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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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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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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“Can my drinking and driving charge be reduced to careless driving?”— That is a question we often get asked by people charged with drinking and driving in Ontario. The Crown Attorney’s policy usually requires that all drinking and driving charges proceed to trial. There are exceptions. The Crown may agree to a reduced charge of […]
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In Canada, criminal courses can be stayed when they take too long to get to trial. The right to have a trial in a reasonable amount of time has been overhauled by the Supreme Court in a July 2016 case, R. v. Jordan, 2016 SCC 27. There is now an 18 month ceiling on acceptable […]
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Our client was recently found not guilty of criminal charges for assault causing bodily harm, after a trial in Ottawa. There was an argument outside a bar. A man was punched in the face by a stranger. He was knocked out and his nose was broken. The victim later identified our client on Facebook and […]
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In R. v. Quick, 2016 ONCA 95, the Court of Appeal overturned a guilty plea because the accused was not aware that an indefinite driver’s license suspension would be imposed under Ontario’s Highway Traffic Act. Quick’s counsel had not told him that because he had two previous drinking and driving convictions, his driver’s licence would […]
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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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To make a legal breath-demand the police must believe that the drinking and driving offence happened within the previous three hours. Usually, the police actually stop someone while they are driving, and so the three hour window will not be an issue. When the police do not actually see the driving, however, a number of […]
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Brett McGarry
- 116 Lisgar Street, Suite 300, K2P 0C2 Ottawa, Ontario Canada
- brett@mcgarrylaw.ca
- 613-884-8576
- 613-691-1373