Impaired Driving and Driving Offences
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Impaired Driving and Driving Offences
While most driving offences are provincial in nature and governed by the Highway Traffic Act, the Criminal Code criminalizes more serious driving related offences, including impaired driving and dangerous driving.
Impaired driving continues to be a widespread problem on our streets and highways and substantial law enforcement resources are dedicated to combatting it. Likewise, for those convicted of impaired driving and other criminal driving offences, the law imposes a series of escalating penalties, including the loss of driving privileges.
While we often think of impaired driving as being an alcohol related offence, impairment may also be due to drug consumption. Moreover, the offence can be committed even if you’re not actually driving. Simply being in care and control – meaning in the vehicle with the ability to put it in motion, is sufficient to make out the offence. It is also an offence to refuse to provide a breath sample when a valid demand has been made. What people often don’t realize is that the offence of refusing to provide a breath sample carries the same (or worse) consequences as providing that sample and blowing over the legal limit.
For many charged with impaired driving, it is their first and will be their only brush with the criminal law. We are here to help you through that challenge and back to your otherwise law-abiding lifestyle as seamlessly as possible. If you’ve been charged with impaired driving for the first time, time is of the essence. Getting legal advice at an early stage and making a decision as to how your case is going to proceed can make a big difference in penalty and getting back on the road. Although the penalty for impaired driving involves the mandatory loss of licence/driving privileges for at least a year, first time offenders who plead guilty within 90 days of the date of the offence, are eligible to reduce the length of that suspension through participation in Stream A of the Ministry of Transportation Reduced Suspension with Interlock Ignition Program.
While the concerns are slightly different for second or subsequent offences, or where the charge death or bodily harm has been caused, seeking timely advice and understanding the process and the possible pathways remains important.
Whatever your situation, we’re here to give you the advice and representation you need to right your course.
At Hepburn Wilhelm Criminal Defence, our goal is to ensure every client receives the personalized focus and attention their case deserves. We provide high-quality criminal defence representation tailored to your case with skill and empathy. If you are facing impaired driving charges, get in touch with us today.
Mon to Fri 9:00 - 5:00
Kaley Hepburn & Lauren Wilhelm: Advocates in Your Corner
Hepburn Wilhelm is a boutique criminal defence firm in Hamilton, Ontario. With over 30 years of combined experience, we provide straightforward advice and skilled representation through all stages of the criminal process. Whether inside the courtroom or behind the scenes, we work hard to make sure your rights are protected, as we strive to achieve the best possible outcome for your case.
Honest Advice. Skilled Representation. Optimal Solutions.
Call: (905) 512-8449
Mon to Fri 9:00 - 5:00
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