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Criminal / Impaired Driving

Other criminal driving offences include Failing to Provide a Breath Sample, Dangerous Driving, Failing to Stop After an Accident, Criminal Negligence in the Operation of a Motor Vehicle, Driving While Prohibited, Engaging Police in a Pursuit, and any situation that results in bodily harm or death .

The penalty for a criminal offence may include (in the absence of any aggravating circumstances) a suspension of your driving privileges, a fine (usually) between $600 and $1000, and your insurance premiums soar frequently toward the $7500 per year figure (…for six years!).

Fight traffic tickets online, request a no obligation quote from us.

1. Is there a defense available to you, regardless of guilt?
2. Can there be an advantage in entering an early plea of guilty?

If the prosecution calls enough evidence to REQUIRE a defence, and one isn't available, then a conviction may ensue.

If an early guilty plea is entered, the court will recognize the remorse demonstrated, and thank you for saving thousands of taxpayers' dollars in trial time by reducing your fine by a few hundred dollars. But that's all. The conviction, suspension, and insurance hikes remain intact. You'll save the lawyer's fee, but the cost of losing is significantly greater.

In the former, either through disabling the prosecution, or through presenting credible defense evidence, (ideally both) as to the reliability of the accusations, there may be reasonable doubt available to warrant an acquittal.

In the latter, a lawyer could concede that the accused was impaired, but argue that no evidence exists that while impaired the accused was ever operating or in care and control of a motor vehicle. (…in a position to set the vehicle in motion, even by accident.)

It is for that reason precisely that each incident warrants individual evaluation by a legal expert. On having done so, each person is free to make what will necessarily be an informed decision on how to proceed.

1. Success is defined by the client, not XCOPPER . For example, in one case, the Crown was seeking a six-month jail term for a 4 th time offender. However, based on our defense, the Crown agreed not to tender the accused's record in exchange for an early guilty plea. The final agreement was an $800 fine, alcohol abuse counseling, and a one-year driving prohibition. While the client was elated with XCOPPER, it was still a guilty plea.
2. The question is a back-door way of asking, “What are my chances?” This is neither an answerable nor a relevant question. To win the trial, there must be a flaw in the prosecutorial process. It could be the investigation, the file management, or, most likely, in the trial itself. We can only assess the specific trial issues, and advise accordingly. Secondly, the decision to proceed to trial ought never to be based on what can only be imagined are one's chances of winning; we go to trial because we're smart enough to realize we don't have a choice.

For a FREE, no obligation assessment of your situation, complete our online request form and one of our criminal / Impaired driving specialists will contact you within 48 hours.