Beaucoup de gens accusés d'infraction de conduite en vertu du Code criminel ne comprennent pas pleinement leurs options afin de protéger leurs droits. Peut-être qu'ils se sentent accablés par la possibilité de perdre leurs permis de conduire, ou ils ne réalisent pas pleinement les conséquences d'une condamnation. En tout cas, si vous êtes accusé d'une infraction de conduite, vous devriez consulter un avocat expérimenté dès que possible.
After being stopped at a RIDE program you are asked to step out of the car and blow into a roadside screening device. The officer tells you that you have failed. You are arrested for driving over 80, read your rights, handcuffed and placed in the back of a police cruiser. The police take you down to the station where you are asked to blow into the breathalyser machine. After a brief wait you are told that your readings were way over the legal limit and that you will be charged with both over 80 and impaired driving. You are eventually released from the station with some paperwork requiring you to show up in court in three weeks.
Ontario Regulation 339/94 [Regulation] is a regulation under the Highway Traffic Act which governs the demerit point system which all Ontario drivers are familiar with. Depending on if you are a fully licenced driver (G or M) or a novice driver (G1, G2, M1, and M2), the amount of demerit points that you accumulate and the manner in which you accumulate them can have severe repercussions on your licence. It is important to note that demerit points remain on your record for 2 years. Therefore, when we are dealing with "accumulated demerit points" we are referring to a 2 year window.
Section 732(1) of the Criminal Code allows an offender to serve an intermittent sentence if the sentence imposed is 90 days or less and the Judge deems it appropriate. In determining if an intermittent sentence is appropriate, the court looks at the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence. The courts commonly impose intermittent sentences, to be served on weekends, when an offender is gainfully employed during the week.
The Charter of Rights and Freedoms guarantees certain rights to anyone arrested, or detained, by police in Canada. These are particularly important to know when arrested for a drinking and driving offence. These rights include:
With Spring fase approaching, thought it would be a good idea to review some of the law regarding cycling in Ontario.
Ontario recently amended their driving offence legislation, in the Making Ontario's Roads Safer Act, to increase the fines for a handful of driving offences. The changes are significant in that in two of them demerit points were added to sentences of two offences that prior did not have them: distracted driving and "dooring of cyclists." The distracted driving offence, for example being on your cell phone. Prior to September 1st this offence had a fine range of $60-$500, but now there is a mandatory fine of $490 as well as three demerit points. The "dooring" of cyclists used to have a sentence range of $60-$500 fine, but now bears a mandatory fine of $365 and three demerit points. Another change is that drivers must leave a one-meter distance when passing cyclists, with failure to do so resulting in a fine of $110 and two demerit points. More changes are expected to be coming in January 2016.
A new bill dealing with impaired driving was recently introduced. Bill C-73, Dangerous and Impaired Driving Act, in an attempt to change driving-related criminal offences. The bill proposes to change both how impaired driving charges are defended - making it more difficult to do so - and to increase minimum penalties.
Unlike most other criminal offences, a conviction for impaired driving, or a DUI, comes with punishments not only under the Criminal Code, but also under the Highway Traffic Act (HTA). As such, if you are charged with a DUI, there is a lot of information you need to be aware of.
Fines are imposed in almost all drinking and driving cases. Recent changes to sentencing by the Federal Government have doubled the Victim Fine Surcharges (VFS) from 15 to 30 percent, and done away with the Judge's discretion - they are now mandatory. VFS is a surcharge added to all criminal convictions: either a 30% addition for any fine, or if no fine, than $100 for each summary conviction and $200 for each indictable conviction. The money collected from this surcharge is meant to help victims of crime.