Distracted driving has been a hot-button issue for years. And by now, every Ontario driver should know that it is both dangerous and potentially illegal to do things like text while driving. However, too many drivers admit to still engaging in distracting behaviours,...
Driving Offences
Police Need Warrant to Seize Airbag Control Module in Dangerous Driving Case
by Ian Carter | Apr 28, 2021 | Driving Offences
In a recent case before the Ontario Superior Court, an individual was charged with two counts of dangerous driving causing bodily harm. The charges arose out of a collision at an intersection as one the vehicles was attempting to make a left turn. At the outset of...
Driver Acquitted of Impaired by Marijuana
by Ian Carter | Apr 14, 2021 | Driving Offences
In a recent decision from Saskatchewan, a driver has been acquitted of impaired by drug despite the evidence of a Drug Recognition Expert (DRE). The expert had relied on the following evidence in forming his opinion: • Reddish face; • Cannabis on his...
The real toll of an impaired driving offence
On Behalf of Bayne Sellar Ertel Carter | Jan 28, 2021 | Driving Offences
Every year, tens of thousands of Canadians are involved in a drunk or drugged driving incident, and many more people are stopped before they get into an accident. Because these offences are fairly common, people tend to underplay the consequences of a charge. However,...
Drinking in public: What can happen if you imbibe outside
by Ian Carter | Aug 5, 2020 | Driving Offences
All across Canada, people are looking for ways to spend time with friends and family outside. Between the nice weather and social distancing guidelines in the midst of the current health crisis, being outside can be the best place for people to be right now. However,...
Don’t Drink and Paddle
by Jacob Legault | May 29, 2020 | Driving Offences
The impaired driving provisions prohibit the operation of a conveyance while the person's ability is impaired by drug or alcohol or by a combination of both (Section 320.14 of the Criminal Code). As of December 2018, a conveyance means a "motor vehicle, a vessel, an...
Getting back on track after a stunt driving offence
by Ian Carter | May 5, 2020 | Driving Offences
In recent weeks, there have been far fewer vehicles on streets and highways across Ontario. Some drivers see these open roads as an opportunity to engage in some dangerous driving. Because of this, police are cracking down on dangerous driving behaviours, including...
Les nouvelles accusations de conduire avec les facultés affaiblies (par la drogues)
by Jacob Legault | Apr 15, 2020 | Driving Offences
Lorsque le gouvernement libéral a décidé de légaliser la marijuana, le gouvernement a aussi clairement indiqué qu'il apporterait également des modifications aux lois sur la conduite avec facultés affaiblies par la drogue. Ces changements sont entrés en vigueur le 17...
Right to counsel when arrested and what that means for the police
by Michelle O'Doherty | Mar 13, 2020 | Driving Offences
You are arrested (perhaps for an impaired driving charge) and in police custody, asking to speak to counsel of your choice. Police contact this lawyer who does not pick up the phone. Police then ask you if you wish to speak to duty counsel. Is there any problem with...
The New Impaired by Drug Driving Offences
by Ian Carter | Feb 10, 2020 | Driving Offences
When the Liberal government decided to move toward the legalization of marijuana, it made clear that it would also be making changes to Canada's impaired by drug driving laws. Those change came into effect on October 17, 2018. The most significant changes fall into...
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