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To be convicted of Impaired Driving, the Crown Prosecutor must prove that the Accused’s ability to operate a motor vehicle, at the time of driving, was impaired by alcohol, drugs, or a combination of the two. The degree of impairment does not have to be significant, even evidence of slight impairment will suffice. Proof of alcohol consumption alone, however, is not sufficient for a conviction.
The consequences of a conviction for driving while impaired can be significant and disruptive. The maximum sentence is 10 years jail, and the offence carries with it minimum sentences:
First conviction - a minimum fine of between $1000 and $2000 based upon your blood alcohol concentration, and a mandatory one year driving prohibition;
Second conviction - a mandatory minimum jail sentence of 30 days and a two year driving prohibition;
Subsequent convictions – a mandatory minimum jail sentence of 120 days and a three year driving prohibition.
Impaired Driving litigation is nuanced and complicated, as the law in this area is ever evolving. Defence strategies may include:
First conviction - a minimum fine of between $1000 and $2000 based upon your blood alcohol concentration, and a mandatory one year driving prohibition;
Second conviction - a mandatory minimum jail sentence of 30 days and a two year driving prohibition;
Subsequent convictions – a mandatory minimum jail sentence of 120 days and a three year driving prohibition.
The lawyers at Wasyliw Wiebe have successfully defended hundreds of Impaired Driving charges, and have assisted clients in avoiding fines and/or jail sentences, and lengthy driving prohibitions.
Over 80
It is a criminal offence to operate a motor vehicle with a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood, even if you are not showing any signs of impairment. The Criminal Code allows the Crown Prosecutor to enter a Certificate of Analysis as proof of the blood alcohol content, and contains several presumptions that allow the Crown to prove its case more expeditiously.
Defending Over 80 cases requires detailed knowledge of the Criminal Code provisions that allow the Crown to rely on presumptions. If the prerequisites for the use of these presumptions have not been satisfied, the Certificate of Analysis may be inadmissible. In addition, if the Accused can demonstrate a serious Charter breach, the Certificate of Analysis may be excluded.
Impaired Driving and Over 80 charges are typically charged together. The lawyers at Wasyliw Wiebe are competent and experienced in successfully defending these charges.
Care and Control
You don’t have to actually be driving a motor vehicle in order to be charges with impaired driving, or Over 80. Having care and control of the vehicle is enough for a conviction. This means that you can be convicted if the vehicle is not moving, but you are in the driver’s seat, the passenger’s seat, or even standing near the vehicle.
Whether the Accused is in care and control is determined on the facts of each individual case, on the basis of the intention of the Accused, as well as the danger of the vehicle being inadvertently set in motion.
Defending Care and Control cases requires extensive knowledge of the case law in this area, as well as meticulous trial preparation in order to ensure that the relevant information is clear to the presiding Judge. The lawyers at Wasyliw Wiebe have extensive experience in successfully defending this type of charge.
Refusal to Provide a Breath or Blood Sample
A Peace Officer is entitled to ask you to provide a breath sample into an Approved Screening Device without any suspicion that you have consumed any alcohol. In this scenario, where a routine safety check is being completed, a driver is not entitled to contact counsel prior to providing the sample. Refusing to provide a breath sample, or failing to provide an adequate sample without reasonable excuse is a criminal offence that carries the same disruptive penalties as a conviction for Impaired Driving.
The Approved Screening Devices give a result of "Pass", "Fail" or "Warn". In the event of a "Fail" reading, the officer has the discretion to either arrest the driver and make a further demand that the driver provide a breath sample into an approved instrument, which gives a precise reading of the driver’s blood alcohol content, potentially giving rise to an Over 80 charge, or to give the driver a citation under the Highway Traffic Act.
Again, refusing to provide a breath sample upon the reasonable demand of a Peace Officer is a Criminal Code offence, with significant consequences attaching upon conviction.
Why Wasyliw Wiebe?
Unlike other impaired driving lawyers in Winnipeg, we provide you with the assistance you need to get your name cleared of the traffic violation charges.
Our legal team have the expertise to serve you in the following infractions:
Speeding tickets
Outstanding warrants for unpaid tickets
Driving uninsured
Driving with a revoked or suspended license
Driving with an expired license
Hit and run accidents
Reckless driving
Leaving the scene of an accident
Lane change violations
Habitual traffic offenses
Arrest warrants for unpaid traffic violations
DUI
Wasyliw Wiebe is dedicated to protecting your rights as a driver. If you are charged with impaired driving in Canada or other speeding tickets, we will stand by your stand in letting you understand your rights and the options that you can choose.
As reliable impaired driving lawyers, we take each case seriously and do whatever it takes to protect your rights. Our legal team is ready and prepared to help you achieve the best possible outcomes for your case.
Client Testimonials
Outstanding in the courtroom. Personable person, makes a person feel comfortable, someone you can sit and talk to with great understanding. Believes and fights for truth.
Sarah Paran
Thank you Gerri for everything. I mean saving my a**
Marc Bergeon
The whole team is great! Excellent management and commitment to their clients.
Martin Droruga
...PERFORMED WELL IN THE COURTROOM
John
Get A Free Case Evaluation
Do you need help with your case?
Contact us today for a free cost estimate! Get a FREE no-obligation case evaluation from Wasyliw Wiebe. Call (204) 989-0017 or fill in the form below for a free case evaluation within 24 hours.
Our 60 minute free case evaluation includes the following 4 steps:
01
Collection of personal information about you crucial for building a solid defence
02
A careful review of the documents you received from the court and police.
03
Review of your recollection of events leading up to & after the allegations
04
Review of court process, fees and how we can help
How should I prepare for my free case evaluation?
You should bring or email in advance the following:
A written statement laying out your version of events;
Documents given to you by the court or by the police;
All disclosure you have received;
Legal Photo; ID and
Any supporting documents that can help your case
How much do our services cost?
The cost will depend on several factors including:
The complexity of your case
How serious the charges are, and
All disclosure you have received;
Experience of the criminal lawyer working on your case
Fees of an experienced and effective criminal defence lawyer will typically range in the thousands of dollars. However, only a fraction of that amount is due initially. Flexible payment schedules are offered so fees can be paid in monthly instalments.
