Driving Charges In Saskatchewan and Canada​
Driving charges in Saskatchewan and Canada encompass a wide range of offenses, from driving under the influence of alcohol or drugs to dangerous and reckless driving. These charges are regulated by both provincial highway traffic Acts and the Criminal Code, resulting in varying penalties and legal tests.
Driving offences in Saskatchewan and Canada can include:Â
- driving while impaired by alcohol
- driving while impaired by drugs
- driving with a blood alcohol level over 180 mg
- dangerous driving
- Reckless driving
- impaired driving causing bodily harm
- impaired driving causing death
- dangerous driving causing bodily harm
Consequences may include license suspension, fines, imprisonment, and a criminal record. It’s crucial to comprehend both the criminal and insurance implications of these charges. Consulting with an experienced criminal defense lawyer is essential to understand the charges, protect legal rights, navigate the legal system, negotiate plea deals, and build a robust defense strategy.
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Impaired Driving Charges
Being charged with impaired driving in Canada is a serious offence that can result in harsh penalties, including fines, license suspension, and even imprisonment. In this article, we’ll provide you with some essential information about impaired driving charges in Canada and what you can do if you’re facing them.
Understanding Impaired Driving Charges in Canada:
Impaired driving is the act of operating a motor vehicle while under the influence of drugs or alcohol. In Canada, impaired driving charges fall under the Criminal Code and are considered a criminal offence. Impaired driving is different from driving with a high blood alcohol.Â
To prove impaired driving the Crown has to prove your ability to drive was impaired and it doesn’t matter if they can prove you have a certain amount of drugs or alcohol in your body. The thing that will be looked at in an impaired driving charge is your actual conduct. In contrast if you are charges with driving with a blood alcohol level over 80, your conduct does not matter only the alcohol in your blood.Â
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Police will often lay a charge for both impaired and over 80 at the same time so they only need to prove one as penalties are the same for both offences.Â
What to Do If You’re Charged with Impaired Driving:
If you’re charged with impaired driving, it’s important to contact a criminal defence lawyer immediately. Your lawyer will be able to advise you on the best course of action and represent you in court. It’s important to provide your lawyer with all the relevant details of the incident, including any evidence that can support your defence.
Possible Defences for Impaired Driving Charges:
There are several possible defences for impaired driving charges, including challenging the accuracy of the breathalyzer test or arguing that the police violated your rights during the arrest. It’s important to note that the burden of proof is on the prosecution to prove that you were impaired beyond a reasonable doubt.
Penalties for Impaired Driving Charges:
The penalties for impaired driving charges in Canada can be severe, including fines, license suspension, and even imprisonment. The penalties vary depending on the severity of the offence and whether you have any prior convictions. For example, a first-time offender with a BAC of 0.08 or higher can face a fine of up to $5,000 and a license suspension of up to 3 years.
How to Protect Your Rights:
If you’re facing impaired driving charges, it’s essential to protect your rights throughout the legal process. This includes exercising your right to remain silent and to have legal representation. It’s also important to avoid consenting to any searches or seizures without first consulting with your lawyer.
Blowing Over 80 Charges
Being charged with blowing over 80 in Canada can have serious consequences, including fines, license suspensions, and even jail time. It’s important to understand the legal process and your rights if you’re facing this charge. In this article, we’ll provide you with some essential information about blowing over 80 charges in Canada, and what you can do if you’re facing them.
Understanding Blowing Over 80 Charges in Canada:
Blowing over 80, also known as driving with a blood alcohol concentration (BAC) over 0.08, is a criminal offence in Canada. It’s illegal to operate a motor vehicle with a BAC over the legal limit, and doing so can result in serious consequences.
What to Do If You’re Charged with Blowing Over 80:
If you’re charged with blowing over 80, it’s important to contact a criminal defence lawyer immediately. Your lawyer will be able to advise you on the best course of action and represent you in court.
You should provide your lawyer with all the relevant details of the incident, including any evidence that can support your defence. It’s also crucial to avoid discussing the incident with anyone other than your lawyer, as anything you say can be used against you in court.
Possible Defences for Blowing Over 80 Charges:
There are several possible defences for blowing over 80 charges, including challenging the accuracy of the breathalyzer test, arguing that the test was not administered properly, and challenging the legality of the stop.
Penalties for Blowing Over 80 Charges:
The penalties for blowing over 80 charges in Canada are severe. A first offence can result in a fine of up to $1,000, and a license suspension of up to 1 year. A second offence can result in a fine of up to $2,000, a license suspension of up to 3 years, and a mandatory jail sentence of 30 days. Subsequent offences carry even harsher penalties.
How to Protect Your Rights:
If you’re facing blowing over 80 charges, it’s essential to protect your rights throughout the legal process. This includes exercising your right to remain silent and to have legal representation. It’s also important to avoid consenting to any searches or seizures without first consulting with your lawyer.
Refusing to Provide a Breath Sample Charges
Driving under the influence of alcohol or drugs is a serious offence in Canada. If you’re stopped by the police and suspected of impaired driving, they may ask you to provide a breath sample. Refusing to provide a breath sample is also a criminal offence in Canada, and can result in the same consequeces as impaired driving or drivin gwith BAC over 80.  In this article, we’ll provide you with essential information about refusal to provide a breath sample charges in Canada, and what you can do if you’re facing them.
Understanding Refusal to Provide a Breath Sample Charges:
Under Canadian law, refusing to provide a breath sample when a lawful demand is made is a criminal offence. The police can demand a breath sample if they suspect that you’re driving under the influence of alcohol or drugs or they can set up random check stops. The breath sample is used to determine your blood alcohol concentration (BAC), and refusal to provide one can result in criminal charges.
What to Do If You’re Charged with Refusal to Provide a Breath Sample:
If you’re charged with refusal to provide a breath sample, it’s important to contact a criminal defence lawyer immediately. Your lawyer will be able to advise you on the best course of action and represent you in court.
It’s important to note that if you refuse to provide a breath sample, you can also face administrative penalties from the Ministry of Transportation. These penalties can include a driver’s licence suspension and the impoundment of your vehicle.
Possible Defences for Refusal to Provide a Breath Sample Charges:
- 1. Lack of reasonable suspicion: The police must have reasonable suspicion that you’re driving under the influence of alcohol or drugs before demanding a breath sample. If they don’t have reasonable suspicion, you may be able to argue that the demand was unlawful.
- 2. Inability to provide a sample: In some cases, individuals may be physically unable to provide a breath sample due to a medical condition. If this is the case, you may be able to argue that you didn’t refuse to provide a sample, but were unable to.
- 3. Charter violations: If the police violated your rights under the Canadian Charter of Rights and Freedoms during the investigation or arrest, you may be able to argue that the evidence should be excluded from the trial.
Penalties for Refusal to Provide a Breath Sample Charges:
- A criminal record;
- Fines;
- A driver’s licence suspension;
- Vehicle impoundment;
- Jail time.
The severity of the penalties will depend on a number of factors, including whether this is your first offence and the circumstances of the case.
How to Protect Your Rights:
If you’re facing refusal to provide a breath sample charges, it’s essential to protect your rights throughout the legal process. This includes exercising your right to remain silent and to have legal representation. It’s also important to avoid consenting to any searches or seizures without first consulting with your lawyer.