Toronto Impaired Operation Lawyer
Introduction
If you are facing an impaired driving charge in Toronto, your next step is to secure a Toronto Impaired Driving Lawyer.
Before doing so, it is useful to understand how Impaired Operation cases work, what penalties you are at risk of and what the consequences of being found guilty are.
Definition of Impaired Driving
According to the Criminal Code of Canada under s. 320.14(1)(a), if you operate a convenyance
320.14 (1) Everyone commits an offence who
- (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug
The key parts of this legal definition are the following:
- Your ability to drive must only be slightly impaired to attract liability (you don’t need to be black out drunk!)
- Being under the influence of a substance is not the crime – it’s your ability to operate or have care and control of your vehicle (conveyance) that is at issue
- It’s either alcohol or drugs, or both, that can lead to liability. Moreover, “drugs” includes licit / prescription drugs
A Toronto Impaired Operation Lawyer can help you understand what’s at stake as far as criminal liability goes, and what runs afoul of the law.
How Does the Crown Prove Impaired Ability to Drive
To establish “impairment” of one’s ability to drive, the Crown relies on various indicia of impairment, which are assessed collectively rather than individually. These indicia include physical observations, behavioural evidence, and circumstantial factors that demonstrate a reduced ability to perform the complex task of driving safely.
Physical observations are a key component in proving impairment. Physical observations may include:
- speech,
- glassy or bloodshot eyes
- unsteady gait
- the smell of alcohol on the breath
- irregularities in motor functions such as balance or coordination.
Behavioural evidence also plays a role in how the Crown attempts to prove impairment. Examples of this include:
- erratic driving patterns
- inability to focus thoughts
- violent behaviour
- failure to follow instructions
- Unexpected urination or vomiting
An experienced Toronto Impaired Operation Lawyer can assess which observations the police recorded in their memobooks to evalute the strength of that evidence, and whether it may prove, beyond a reasonable doubt, impairment of your ability to drive.
Field Sobriety Tests
Another way in which the Crown may establish impairment will be evaluating how someone does on a field sobriety test. In some, but not all, Impaired Driving investigations, the police will make a demand of the driver to comply with a “Field Sobriety Test” — which is a series of roadside physical coordination tests. The police often make this demand where they have some, but not enough, evidence on which to arrest a person for Impaired Driving. The police require “reasonable grounds” to believe someone is impaired to engage an arrest. A reasonable “suspicion” or a “hunch” is not enough.
The standard field sobriety test (SFST) includes three distinct tests to detect suspected drug or alcohol impairment: the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. Failing this test, in an officer’s eyes, usually provides the officer with the subjective belief that you are impaired.
Penalties for Impaired Operation
First Time Offenders
Sections 320.19(1) and 320.24 of the Criminal Code of Canada set out the punishments for Impaired driving for first time and repeat offenders. First time offenders for the offences of Impaired Opeation face a minimum $1,000 fine, and a 12 month driving prohibition.
Repeat Offenders
If you are a second time offender, there is a minimum 30 day jail sentence applicable and a two year driving prohibition. Beyond a second conviction, there is a minimum 120 day jail sentence and a three year driving prohibition applicable.
Andrew Captan – Toronto Impaired Operation Lawyer
For an experienced Toronto Impaired Operation Lawyer, contact Andrew Captan today at (647) 878 – 6355 or e-mail him at andrew@captanlaw.com for more info.
