Andrew Captan is a Toronto Criminal Lawyer with experience in defending individuals charged with Drinking and Driving offences, including the offence of “Over 80″.
The offence of Over 80 is a very technical one, offering a range of potential technical defences. In short, the offence prohibits individuals from either operating, or having care and control of, a motor vehicle with a blood-alcohol level of over 80 mg of alcohol in 100 ml of blood.
Blood alcohol levels are typically determined by a police officer (who is also a qualified breath technician) performing a breathalyzer test on a suspect. If the readings are greater than the limit prescribed by the Criminal Code of Canada, then the suspect would be charged with the criminal offence of Over 80.
There are a variety of technical issues that arise when defending these charges, as well as Charter of Rights and Freedoms issues, particularly s. 8 (the right to be free from unreasonable search and seizure), s. 9 (the right to not be arbitrarily detained) and s 10(b) (rights to counsel).
For a first time offender, a finding of guilt (whether it is upon a guilty plea or after a trial) leads to mandatory minimum punishments, including a $1,000 fine and a 1 year driving prohibition.
Call (647) 878 – 6355 to speak to a Over 80 lawyer.