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Driving Offences Charges

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Our Lawyers represent clients charged with Driving Offences

Impaired Driving & Over 80

Section 253 states, "Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not, (a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or (b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood."

Fail/Refuse to comply with demand

Section s. 254..."(5) Everyone commits an offence who, without reasonable excuse, fails or refuses to comply with a demand made under this section." Under this section, the relevant issues are whether a proper demand was given and that you understood; whether there was a failure to provide the sample; and, you intended not to provide a sample. There must be no reasonable excuse for not providing the breath sample. Penalty is $1,000 fine for first offence; 30 days jail for second; 120 days for third

Dangerous Driving

Section 249(1) states, "Every one commits an offence who operates (a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place". This is a hybrid offence, where the Crown can proceed by Summary or Indictable. Maximum penalty on a Summary charge is $5000 Fine or 6 months imprisonment; on an Indictable charge it is life imprisonment.

Fail to Stop at Scene of Accident

Section 270(1) outlines that "Every one commits an offence who (a) assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer; (b) assaults a person with intent to resist or prevent the lawful arrest or detention of himself or another person; or (c) assaults a person (i) who is engaged in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, or (ii) with intent to rescue anything taken under lawful process, distress or seizure".

Drive While Disqualified

Section s.259 states "...Operation while disqualified (4) Every offender who operates a motor vehicle, vessel or aircraft or any railway equipment in Canada while disqualified from doing so, other than an offender who is registered in an alcohol ignition interlock device program established under the law of the province in which the offender resides and who complies with the conditions of the program."

Flee Police

Section 249.1 (1) outlines "Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances."

Dangerous Driving (Causing Injury)

Section 249(3) states that, "Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years." This is a straight Indictable offence and carries a maximum punishment of 10 years jail.

Impaired Driving (Causing Death)

Section 253(1)(a) is the underlying offence. Section 255(3) of the Criminal Code makes it is a straight Indictable offence and carries a maximum penalty of life imprisonment.


Access the Criminal Code of Canada here


PENALTIES FOR SOME DRIVING OFFENCES IN CANADA

Fail to Stop at Scene of Accident, section 252 - Hybrid Offence - Max.: 6 months or $5000 Fine to 5 years

Dangerous Driving Causing Injury, section249(3) - Indictable Offence - Max.: 10 years

Driving or Care or Control While Impaired or Over 80 mgs of Blood, section 253 - Hybrid Offence - Mandatory Min.: $1000 Fine (1st offence); 30 days jail (2nd); 120 days jail (3rd) - Max.: 18months or $5000 Fine to 5 years

Drive Disqualified, section 259(4) - Hyrbid Offence - Discharge available - Max.: 6 months or $5000 Fine to 2 years

Refuse or Fail to Provide Breath or Blood Sample, section 254(5) - Hybrid offence - Mandatory Minimums (same as above) - Max. (same as above)

Flee Police, section 249.1 - Hybrid Offence - Discharge Available - Max.: 6 months or $5000 Fine to 5 years

Impaired Driving Causing Death, section 255(3) - Indictable Offence - Max.: Life Imprisonment

Driving Over 80 mgs. Causing Death, section 255(3.1) - Indictable Offence - Max.: Life Imprisonment

Driving Over 80 mgs. Causing Bodily Harm, section 255(2.1) - Indictable Offence - Discharge available - Max.: 10 years



Driving Offence Cases in the News

  Sept 28, 2015 CBC News

Vaughan car crash: Marco Muzzo faces 18 charges after 3 siblings, grandfather killed

A 29-year-old man faces 18 charges, including impaired driving and dangerous driving causing death, after three siblings and their grandfather died in a horrific crash north of Toronto on Sunday afternoon...

  Oct 7, 2014 CBC News

Burlington Skyway crash: Driver charged with negligence, dangerous driving

The driver of a dump truck that crashed into the Burlington Skyway that closed the commuter corridor for four days back in the summer is facing even more charges...

  Oct 7, 2014 The Canadian Press

Husband charged after wife fatally hit by truck in Arnprior released on bail

An Alberta man charged after his wife was struck and killed by a truck in a small community near Ottawa was released on bail Monday, Oct. 6, 2014...

  Oct 4, 2014 CTV Toronto

Brampton biker accused of evading police at twice the speed limit

A 23-year-old Brampton man is accused of trying to escape from a police officer while operating his motorcycle at twice the speed limit. The male suspect faces a total of 13 charges...

  Sep 20, 2014 City News Toronto

Officer, suspect injured after police chase in Brampton

Police said they boxed in the driver for public safety and arrested him for alleged drunk driving. The injured officer and suspect were taken to hospital, but weren’t seriously hurt...

  Oct 2, 2014 Mississauga News

Grandmother charged with drunk driving after crash sends grandkids to hospital

A 59-year-old Mississauga woman has been charged with impaired driving causing bodily harm following a single-car crash that sent her two grandchildren to hospital over the weekend...A female driver, who was arrested for impaired driving, was also taken to hospital and treated for minor injuries...

  Oct 7, 2014 Hamilton Spectator

Accident scene photos under scrutiny in crash that killed boy

Justice Peter Hambly viewed dozens of photographs Monday of the night accused drunk driver Jeremy Glenfield was involved in a crash that took the life of an 11-year-old boy...

  Sep 19, 2014 Mississauga News

Police calls heard at inquest reveal last moments of mentally ill man's life

Duda, a Polish-immigrant father of two who suffered from schizophrenia, was fatally shot after running red lights and speeding through the Port Lands area, backing into a police car, then...


Our Impaired Driving Criminal Lawyers

  Impaired Driving Criminal Lawyers

Our Criminal Drinking Driving Over 80 Impaired Lawyers service Brampton , Mississauga , Oakville , Milton , Toronto, Etobicoke, Peel, Vaughan, Caledon, Halton, Burlington, Orangeville, Newmarket, Barrie, Collingwood, Wasaga Beach. Have you been charged with a criminal driving offence? Call us today. Free telephone consultations.

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