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Driving Offences Archives

Ontario Court of Appeal Orders New Trial in Dangerous Driving Causing Death Case

Martial Laverdure was charged with dangerous driving causing death.  He hit a pedestrian who was leaving a hockey game.  He was driving approximately 60 km/hr in a 50 km/hr zone.  The trial judge found that the driving was dangerous, particularly given the higher than normal volume of pedestrian traffic.  The Court of Appeal agreed with that finding but went on to note that a finding that the driving was dangerous was not sufficient to enter a conviction.  On a charge of dangerous driving, a court must also consider whether the driving constituted amounted to "marked departure" from the standard of care that a reasonable person would observe if placed in the circumstances in which the accused found himself.  Mere negligence or carelessness is not enough.  In some cases, the manner of driving will be so egregious that a finding of a marked departure will automatically flow from that evidence.  This was not such a case and, as a result, a new trial was ordered. 

Using your device while driving may be a critical mistake

With the increased portability of technology, more drivers can stay connected with their friends and family - as well as their favourite modes of entertainment - during their commutes. Whether you remember the frustration of having to find a telephone booth to make a call or you grew up with a mobile device in your hand, there is no denying the convenience of having loved ones and all your favourite apps at your fingertips.

Ontario's zero tolerance policy may soon become even stricter

Drivers who are under the influence of drugs or alcohol could be facing tougher penalties with the advent of legal recreational marijuana use coming in July 2018. Ontario is potentially planning to implement stricter laws for drivers 21 years old and younger, all fledgling drivers and all commercial vehicle drivers. If police find you under the influence, you may have to dig deeper into your pockets since fines would increase along with licence suspensions.

Driving while distracted: could a donut mean your downfall?

You're on your morning commute to work and you just rolled through the local coffee shop drive-thru. With the coffee cup in its holder, a jelly donut in one hand and your other hand on the wheel, you motor along listening to your favourite morning radio talk show. The blaring siren and blue lights behind you are almost an aside. Almost.

Pay attention to your defence after a distracted driving offence

As a daily commuter, your vehicle may feel like a second home to you. You might do many of the same things in your car that others do at home. Listening to music, checking email, having a quick bite to eat or applying a bit of makeup: these are all tasks many drivers perform behind the wheel. 

Infractions de conduite

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.

Defending a DUI: Knocking out the Breath Readings

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.

Novice Drivers - BEWARE!

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.

What are your rights when arrested or detained by the police?

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:

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Driving Offences Archives | Ottawa Criminal Law Blog