Being charged with any crime can be terrifying, particularly when you have never been charged with one before. In the case if impaired driving offences in particular, people without criminal records who normally steer far clear of criminal conduct may unintentionally overshoot the line and decide to drive home.
No matter how stressful it may be to be charged with an impaired-driving-related offence, you should not give up hope. With the assistance of an experienced Milton criminal lawyer, you may be able to avoid a conviction and the imposition of a criminal record. We have been able to help many Ontarians charged with impaired driving over the years, and if you find yourself in such a situation, you may want to consider our successes in the past in choosing your representative.
The criminal courthouse in Milton is located at 491 Steeles Ave East, Milton Ontario L9T 1Y7. To speak to someone regarding Criminal Youth cases at the Ontario Court of Justice call905-878-4165.To speak to someone regarding criminal cases heard by the Superior Court of Justice, call 905-878-4165. To speak to someone regarding Criminal cases at the Ontario Court of Justice, call 905-878-4165. The office hours at the Milton courthouse are generally Monday to Friday, 8:30 am to 5:00 pm.
Do you require information about your upcoming court appearance in Milton? Access daily court lists here.
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Drinking & Driving Charges
The three most prominent impaired driving offences are driving while impaired, driving “over 80”, and refusing to provide a sample.
Impaired driving occurs where a driver is deemed to have been operating a vehicle and the operator’s ability to operate the vehicle is impaired to any degree by alcohol or drugs.
“Over 80” is perhaps the charge that most people think of when they think about drinking and driving. Operating a motor vehicle with more than 80 mgs of alcohol per 100 mls of blood, as proven by techniques available to law enforcement, is a crime.
Finally, refusing to provide serves to prevent people from ducking the former two charges simply by declining to breathe into the tube. Failure or refusal to comply with a demand for a breath sample without a reasonable excuse is a crime.
You should note that you do not need to be behind the wheel to be convicted of impaired driving. Because of Section 253 of the Criminal Code, simply having a vehicle under one’s “care and control”, even if the motor is not running or no one is behind the wheel, can be enough to result in a conviction.
Can you face an Impaired Driving charge if you are under the influence of drugs?
Yes, it is possible to face an impaired driving charge if you are under the influence of drugs and not alcohol. Section 254 of the Criminal Code explains that there is a three-step procedure that must be followed when determining whether an accused is impaired by a drug. First, the officer must perform a standard ‘field sobriety test’. Should the individual fail this step, the second step involves a ‘drug recognition expert examination’. This will be completed at the police station. Finally, if the second step provides the officer with reasonable grounds to suspect that the individual is impaired, the third step involves administering a ‘bodily fluid sampling test’. During this test urine, saliva or blood will be collected from the individual and tested for alcohol and/or drugs.
To locate more detailed information on the three-step procedure, click here.
We strive to resolve matters as quickly as possible, and are constantly looking to resolve charges as quickly and discretely as possible. In most cases, this means resolution before trial.
- In R v DG, we defended a Hollywood stunt man accused of having driven in Toronto with over 300 mgs of alcohol per 100 mls of blood
- In R v BP, we ensured that an impaired driving charge lain against our client, who had fallen asleep in his vehicle covered in vomit, were withdrawn
- In R v KC, one of our clients, a woman driver with a breathalyser reading of over 260 mgs, was caught attempting to conceal open alcohol in her vehicle. We were able to secure a withdrawal of an impaired driving charge against her
- In R v VT, a client who had been apprehended after stopping his vehicle and attempting to flee from the police retained us to help him fight charges. We were able to secure the withdrawal of refusing to provide and impaired driving charges.
- In R v MZ, we secured the withdrawal of charges when a client, a daughter of an OPP Officer, flipped her car with a blood alcohol reading more than twice the legal limit
- In R v MV, we secured a full withdrawal of Over 80 charges lain against a senior Bay Street investment banker
However, where we are unable to achieve a satisfactory result in negotiations with the crown, we are willing take matters to trial, and have experience defending clients and winning in Ontario’s courts. For Example:
- In R v RB, a client retained us after their vehicle struck a pole, slicing the car in two. Fortunately, she walked away with minor injuries. Once she reached the hospital, her blood was seized without a warrant. Once analyzed, the police found that her blood contained close to 200 mgs of alcohol per 100 mls, more than twice the legal limit, and they charged her with impaired driving and driving over 80. It took us until trial, but we were able to ensure a withdrawal of all charges
- In 2016, in the case R v FB, one of our clients was accused of having operated a skyjack on a construction site while under the influence. The police found keys in the ignition. It took nearly three years of litigation and a full trial, but we secured our client a full acquittal at trial.
In addition, we have defended a number of clients alleged to have been impaired by drugs while operating vehicles. For example, in R vJF, we defended a business consultant charged with consuming a combination of over the counter pain medications.
We bring to the table experience negotiating with the crown, a deep understanding of your rights against search and seizure, and the expertise that comes with navigating criminal procedure day-in and day-out. We know how to critically analyze breathalyser readings, police investigative techniques, and search warrant protocols. We frequently work with toxicologists and other industry experts in perfecting your defense.
Our firm is based in Toronto, but we advocate on behalf of clients throughout the province. Our criminal law group regularly defends people charged with crimes in Milton, including those charged with impaired-driving-related offences.
We hope that, should you be charged with an impaired driving offence in Milton, you consider our firm to represent you. We are confident in our ability to provide you with top quality representation, and feel that we have the track record to prove it. Consider contacting us at 416-DEFENCE, or at [email protected], to discuss the best way to address your charges in a free consultation.