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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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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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“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 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. Stoney, 2015 ONCJ 740, an Ontario man was acquitted of drinking and driving because of his treatment by the police in custody. He was arrested around 3:30 pm, but not released from police custody for another 12 hours. The judge entered a stay of proceedings because the man’s Charter rights were violated, […]
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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