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Driving Offences Archives

Les nouvelles accusations de conduire avec les facultés affaiblies (par la drogues)

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 octobre 2018. Les changements les plus importants sont les suivants:

Right to counsel when arrested and what that means for the police

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 this scenario? Recently, a decision of the Ontario Court of Justice found a breach of an accused person's section 10(b) rights to counsel of choice when the police asked the accused if he wished to speak to duty counsel while waiting for a call back from counsel of choice. The accused in that case was charged with refusing to provide a breath sample and being impaired. The accused brought a motion that the police had breached his section 10(b) rights under the Charter of Rights and Freedoms and that the evidence of his refusal should be excluded as evidence.

The New Impaired by Drug 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 three categories: new offences, new penalties and the introduction of a new roadside screening device and procedures to go with it. 

When may I use my mobile phone while behind the wheel?

While not every safe driving measure can prevent a car collision, they do reduce the likelihood of a collision. Distracted driving laws and tougher impaired driving laws are meant to curb drivers from actions that may potentially harm themselves, other drivers, pedestrians or property.

Summer Road Trips and Cannabis

This year marks the first summer it will be legal to smoke cannabis in Canada. The substance become legal just after the start of fall in 2018, when it had its supporters and naysayers. The government, as well as many other organizations - from healthcare professionals to CAA - posted articles on the dangers of driving high and the impact cannabis can have on your mental faculties.

Conduite inattentive

La conduite inattentive est devenue une épidémie nationale. Les lois ontariennes sur la conduite inattentive sont plus sévères que jamais et il est important que les conducteurs prennent au sérieux les conséquences potentielles de cette infraction.

Failing to Remain at the Scene of an Accident

It can be an offence to leave the scene of an accident in certain circumstances.  If you are driving a car, a boat or even flying an airplane and get into an accident with another person or vehicle you have a responsibility to remain at the scene and provide certain information.  You must give your name and address and, where any person has been injured or appears to require assistance, offer assistance.  If you do not provide this information there is an automatic presumption that you were trying to avoid civil or criminal liability, which is what is required for the prosecutor to prove the case.

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Driving Offences Archives | Ottawa Criminal Law Blog