|Hefty Penalties if you refuse to Provide a Sample at a Roadside Check
||If you’re lawfully pulled over and refuse to provide a sample to test for alcohol or drug impairment, you’ll be charged with a criminal offence and may face a stiffer fine than if you’re convicted of impaired driving.
||Dec 13, 2019
|Mandatory Roadside Testing will make it easier for Police to detect Drunk Drivers
|| Effective on December 18th, Canada’s Criminal Code allows police to demand a Breathalyzer test during a roadside stop without suspicion of drinking. Other changes to drunk-driving laws will simplify the processing of drunk-driving offences.
||Dec 18, 2018
|Occupant in stopped Car is found ‘not guilty’ of DUI despite registering ‘over 80’
||A man discovered behind the wheel of a disabled car at the side of the highway was found 'not guilty' of drunk driving when there was reasonable doubt that he was driving the car while drunk.
||Sep 04, 2018
|Judge rules Defendant was Arbitrarily Detained when interrogated in Police Cruiser
||On Ontario judge dismissed an ‘over 80’ charge for a driver who was stopped for speeding and then interrogated at length in the arresting officer’s cruiser.
||Jul 19, 2017
|Our Right to be informed of our Rights to Counsel in our own Language
||In R. v. Khandal, a man was acquitted on ‘over 80’ charges because his Charter rights were violated when police failed to provide a Punjabi interpreter and make certain he understood his rights to counsel.
||Jan 06, 2017
|Ontario Judge finds Accused’s Charter Rights were violated and dismisses ‘Over 80’ Charge
||An Ontario court acquitted a man on two DUI charges: ‘over 80’ charges were dismissed on a finding that the man’s Charter rights were violated on arrest; and he was acquitted of impaired drive due to reasonable doubt.
||Dec 13, 2016
|‘Not Guilty’ on DUI Charges if Defence Counsel can raise Reasonable Doubt
||In any criminal trial, an accused person must be acquitted if the defence can raise any reasonable doubt that they may not be guilty of the crime of which they're accused.
||Aug 28, 2016
|What are my Rights when asked to take a Breathalyzer Test?
||In R. v. Swaida, the defendant's right to choose his own lawyer and also, his right to submit to an ASD roadside test without delay were breached during his DUI arrest. These breaches resulted in the exclusion of evidence and a dismissal of the DUI charge.
||Jul 18, 2016
|Rights Matter: Breath Evidence excluded after Turban not returned
||DUI charges were dismissed when breathalyzer evidence was excluded in a DUI case because the defendant's Charter right to freedom of religion was breached. The man's (an observant Sikh) turban was accidentally knocked off his head during his arrest but not returned to him for 3 hours.
||Jul 03, 2016
|DUI Evidence was excluded because the Arresting Officer performed an Unreasonable Frisk Search
|| A Toronto woman was exposed in front of male officers during a DUI arrest. This violation of her Charter rights led to the exclusion of the evidence against her.
||Mar 14, 2016
|A DUI Arrest cannot be based on an Officer's Hunch that a Driver is Impaired
||A 2015 trial highlights the fact that an arrest for driving under the influence of drugs cannot be based solely on an officer?s hunch. Arresting officers need objective and reasonable grounds to make an arrest or the arrest is in violation of a driver's rights.
||Jan 21, 2016
||The Blood Alcohol Level is the difference in the rate at which alcohol is absorbed and the rate at which it is eliminated, in other words, the amount of alcohol in the body.
||Sep 26, 2013
|Care or Control
||If your only option after a night of drinking is to sober up in your car you should read this article to learn the right way to do this.
||Aug 10, 2013