James Hunt, Bancroft

May 2011

Cassandra Dufford-Meunier, Ottawa
March 2011

(Name withheld by request), Ottawa
March, 2011

As YourRegionOttawa.com reports, the Ottawa area’s first RIDE checkpoint was set up on November 26 in Kanata. From now until January 6, these RIDE checkpoints will be set up all over the city, and similar stations will be found in other cities and towns across Ontario.

The point of any RIDE checkpoint is to prevent holiday-season impaired driving by stopping all vehicles, and checking with each occupant to determine how much alcohol has been consumed by the driver.

These police officers do have the ability to demand breath tests if they suspect the driver has been drinking. They also have the right to charge you. During last year’s RIDE season, Ontario Provincial Police officers charged 299 Ontario drivers. A total of 12 million cars were stopped at RIDE checkpoints across the province.

Avoid ruining your holiday season by preparing yourself for a RIDE stop before it happens. Here are some important tips to get ready for the holiday season:

• Don’t drink and drive with the hope that you will be able to avoid or detour around RIDE checkpoints. They are increasingly common, and throughout the holiday season you will see them on many major roads.
• Do treat the RIDE officers politely and with respect. When questioned, it is not a good idea to lie about the amount of alcohol you have consumed.
• Do remember that you have certain rights which officers must respect when administering breath tests or making charges. The sooner you contact a lawyer, the sooner you can determine whether your rights were violated.

If you have been stopped by Ontario traffic officers and charged with impaired driving, “over 80,” or sample refusal, you need a top criminal defence lawyer who can fight to get your charges dismissed. For more information, contact the criminal defence lawyers at Auger Hollingsworth by email at info@ottawalawfirm.ca or by phone at (613) 233-4529.

This time of year sees a far higher number of drinking and driving incidents, and police will be on the lookout, so you need to be safe and smart if you want to avoid being charged with a criminal offence such as Impaired Driving or Over 80.

Here are some important facts to keep in mind:

• In Ontario, you can’t have more than 80 milligrams of alcohol in 100 milliliters of blood. If you’re over the legal limit, this complicates your accident even further and could lead to criminal charges.
• Even if you don’t think you are above the legal limit, you may be. Blood alcohol levels depend on your weight, the time you consumed alcohol, what you ate that day, and many other factors. If you’re in doubt, avoid getting behind the wheel.
• Ontario Provincial Police officers will be conducting their annual R.I.D.E. (Reduce Impaired Driving Everywhere) tests, to help identify possibly impaired drivers. These tests will check every vehicle that drives by, so be prepared.

Have you been charged with Impaired Driving, blowing “Over 80” on a breathalyzer test, or refusing to provide a breath sample? Your next step should be speaking with an experienced criminal defence lawyer about your legal options. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

Jorge Avila, Ottawa
July 2010

But if Federal Justice Minister John Nicholson’s plans are successful, police officers may be able to conduct these tests at random, with or without indications of drunkenness.

The Minister is attempting to gather support from leaders of the Canadian provinces in order to make random roadside breath tests a reality across Canada. He has already met with premiers in British Columbia and Alberta to discuss the idea.

This new push for random roadside breath testing follows urging, earlier in the fall, from Mothers Against Drunk Driving (MADD) Canada to introduce this new change in police procedures.

As a criminal defence lawyer specializing in impaired driving, a concern I share with many other lawyers is that random breath tests may violate individuals’ rights under the Charter of Rights and Freedoms.

I have successfully fought to have many impaired driving charges dismissed by bringing Charter applications to prove that the arrests were unfair. Legalizing random breath tests would only serve to increase the number of unreasonable driving arrests in Ontario.

Have you been charged with Impaired Driving, “Over 80,” or any other criminal driving offence in Ontario? It’s important to speak with a top criminal defence lawyer who can inform you on your rights and help you win your case. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

Depending on the situation, police officers can arrest you on just one of these charges, or they can charge you with multiple. For example, one arrest could lead to both “Over 80” and “Impaired Driving” charges.

1. Impaired Driving

Criminal Code of Canada Section 253(A)

If you show evidence of inebriation – not necessarily obtained using a breath test – you might be charged with impaired driving. Swerving between lanes, or slurred speech are examples of behavior that might lead to Impaired Driving charges.

2. “Over 80”

Criminal Code of Canada Section 253(B)

You may be charged with blowing “Over 80” if you take a breath test and blow over Ontario’s legal limit for blood alcohol in drivers. It is illegal for any driver to have over 80 milligrams of alcohol within 100 millilitres of blood – hence the name of “Over 80” for this criminal charge.

3. Refusing to Provide a Breath Sample

Criminal Code of Canada Section 254(5)

If a police officer stops you and demands that you take a breath test, it is a criminal offence if you refuse or fail to do so. In these situations you may be charged with “Refusing to Provide Sample.”

If you’ve already been charged with a driving offence in Ontario, it’s important to get advice from an experienced criminal defence lawyer. For more information, contact the Ottawa criminal defence lawyers at Auger Hollingsworth by email info@ottawalawfirm.ca or by phone at (613) 233-4529.

Finding the best criminal lawyer for your case is all about research, and asking yourself important questions. In this article I will share some of the most important questions to ask before hiring a criminal lawyer to fight your Ontario drinking and driving charges.

1. How many drinking and driving cases has this lawyer taken to trial?

Any accused hopes that they will not have to participate in a trial, but the truth is that many drinking and driving cases make it to this step – and you need a lawyer who will be prepared to win at trial. Avoid hiring a lawyer who does not have proven courtroom skills such as specialized cross-examination – these skills are crucial for your case’s success!

1. Do drinking and driving cases form a large component of this lawyer’s practice?

Some lawyers specialize in a different area of law and “dabble” in impaired driving. These are NOT the lawyers you want to hire for your case. Drinking and driving cases are a major focus of my criminal defence practice. Most of my cases are in this area – find a lawyer with a similar commitment to taking on impaired driving cases.

1. Does the lawyer thoroughly understand – and have experience using – the various defences and strategies for impaired driving cases?

There are many defences against impaired driving charges that can be employed here in Ontario, including applications under the Charter of Rights and Freedoms. Before you hire a criminal lawyer, make sure he or she has an up-to-date knowledge of these defences, as well as the experience and skills to apply them successfully.

Have you been arrested and charged with an Ontario drinking and driving offence? The Ottawa impaired driving lawyers at Auger Hollingsworth are here to help you find the best possible legal representation for your case. Call us today at (613) 233-4529 or email us at info@ottawalawfirm.ca.