In Canada, police don’t need a reason to make a preliminary demand for a breath sample to test for alcohol if you’re lawfully pulled over for a roadside check. However, the requirements are different for drug testing: police need a reasonable suspicion that you have consumed drugs before they can make a demand for an …
Hefty Penalties if you refuse to Provide a Sample at a Roadside Check Read More »
Amendments to Canada’s impaired driving laws became effective today, and are intended to simplify and modernize drunk driving laws. Legislators believe that the changes will help deter drunk driving and make it easier for the Crown to prove alcohol concentration for persons who are charged with being over the legal limit. The changes are also …
Mandatory Roadside Testing will make it easier for Police to detect Drunk Drivers Read More »
In a 2018 trial, R. v. Subramaniam, drunk driving charges were dismissed against a man who was under the influence of alcohol when he was discovered in the driver’s seat of a stopped car. A tow truck driver phoned police when he came upon a disabled vehicle at the side of a Hwy 401 off-ramp …
Occupant in stopped Car is found ‘not guilty’ of DUI despite registering ‘over 80’ Read More »
A man faced an ‘over 80’ charge after being pulled over for speeding on the Gardiner Expressway in Toronto. Before issuing a speeding ticket, the officer asked the driver to accompany him to his cruiser where the man was lectured at length about careless driving. Upon exiting the cruiser, the officer detected the smell of …
Judge rules Defendant was Arbitrarily Detained when interrogated in Police Cruiser Read More »
The Canadian Charter of Rights and Freedoms, s.10 states that Everyone has the right on arrest or detention (a) to be informed promptly of the reasons therefor; and (b) to retain and instruct counsel without delay and to be informed of that right. As interpreted in R. v. Minhas (2015) and R. v. Bassi …
Our Right to be informed of our Rights to Counsel in our own Language Read More »
In a 2016 trial, R. v. Moore, a man was tried summarily on charges of impaired driving and ‘over 80’ (for operation of a motor vehicle with a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood). The charges arose after a driver was pulled over in connection with the R.I.D.E. …
In any criminal law case in Canada, the burden of proof is on the prosecution to prove the accused person is guilty beyond reasonable doubt. The expression ‘reasonable doubt’ has a very specific meaning in a legal context and it is a fundamental premise in all criminal trials. Among other things, it means that the …
‘Not Guilty’ on DUI Charges if Defence Counsel can raise Reasonable Doubt Read More »
What are my rights if police pull me over for an alcohol test? In Ontario, the police can pull anyone over and request their driver’s licence and insurance, as well as ask questions about recent alcohol consumption. You must show them your licence and insurance information, but are not required by law to answer questions …
What are my Rights when asked to take a Breathalyzer Test? Read More »
Rights Matter: Breath evidence excluded after turban not returned By Katrina Trask Last week, Justice Copeland of the Ontario Court of Justice issued her decision in R. v. Singh, 2016 ONCJ 386, a case involving an observant Sikh, Mr. Sardul Singh, charged with impaired driving. Mr. Singh’s turban fell off when it contacted the doorframe of …
Rights Matter: Breath Evidence excluded after Turban not returned Read More »
While arresting a woman on alcohol-related charges in December 2014, the arresting officer performed a frisk search that exposed the woman’s undergarment and breasts in front of male officers. In January 2016, a Brampton court ruled to exclude evidence presented by the Crown in the ’over 80’ charge against the accused woman because the roadside …
The Law Firm of Ted Yoannou Toronto Criminal Lawyers represent clients charged with criminal offence in various courts across southern Ontario, including the Greater Toronto Area and the regions of York, Peel, Durham, Simcoe and Halton, with respect to all criminal related offences and many quasi-criminal matters including highway traffic offences.
Phone: (416) 486-2200
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