Driving offences
Montreal Driving Offence & DUI Lawyer
Driving offences are very common. It is a misconception however that dealing with such offences is a simple matter. Some driving offences are considered criminal offences and can result in jail time and a criminal record that can permanently tarnish a reputation
There are three main Driving Offences in Canada
- Driving while impaired or having care and control of a motor vehicle while impaired (by alcohol or a drug)
- Driving with over 80 mg of alcohol in a 100 ml of blood or having care and control of a motor vehicle with over 80 mg of alcohol in a 100 ml of blood
- Refusal to provide a breath sample to a peace officer
Driving while impaired or having care and control of a motor vehicle while impaired (by alcohol or a drug), are rather self-explanatory. It is a criminal offence to drive a motor vehicle while your faculties are impaired, regardless of the quantity of inebriating substance (alcohol or a drug) you consumed.
Driving with over 80 mg of alcohol in a 100 ml of blood or having care and control of a motor vehicle with over 80 mg of alcohol in a 100 ml of blood again is self-explanatory. It is a criminal offence to drive a motor vehicle with a blood alcohol level over the legal limit. What most people do not realize is that you can be found guilty regardless of how your ability to drive was affected.
Refusal to provide a breath sample to a peace officer is more complicated. Everyone has a legal obligation to provide samples of their breath when legally requested to do so unless they have a reasonable excuse to refuse. The first step in defending a charge of refusing to provide a breath sample is to evaluate whether the order to provide the breath sample was legally valid. If the demand was invalid, then it is not an offence to have refused to comply. Defence counsel must also evaluate whether there was a reasonable excuse for the failure or refusal to provide a breath sample. Not only must the refusal be final and unequivocal, the driver must have also been give a reasonable opportunity to provide the requested samples.
Care and control :
Surprising to most people is that it that you can be charged with a Care and Control offence even though you weren’t driving. By law, an individual can be considered to be in care and control of a vehicle if they use the car or its fittings, such that a dangerous situation has been created. This type of offence is common where a person has decided to sleep it off in their car after heavy drinking or consumption.These cases can be defended by assessing the danger that the person represented in relation to the car. The location of the keys relative to the vehicle, the position of the person in the vehicle, and the person’s plans of alternate methods of transportation are all relevant considerations is assessing the care and control.
Each of these offences are prosecuted and defended in different ways, but they all carry mandatory minimum sentences:
- For a first offence, a minimum $1000 fine and a 12-month driving prohibition.
- For a second offence, a minimum 30 days in jail and a 2-year driving prohibition.
- For any subsequent offence, a minimum 120 days in jail and a 3-year driving prohibition.
Additionally, if convicted of one of these offences, you will get a criminal record. A criminal record could result in restrictions on travel and could interfere with job prospects. You will have to complete a special course from the SAAQ in order to have your license reinstated, and your insurance rates, (once you are able to resume driving), will most likely be substantially increased.
The potential penalties are even greater when the offence results in someone being injured or killed.
In light of the significant consequences of being found guilty of one of these offences, it is important to have a lawyer experienced with defending driving offences. Steven Slimovitch will review your case thoroughly and assess your possible defense options.
Accumulation of Demerit Points
Another area where Steven Slimovitch can assist is when an individual is facing a driving license suspension because of the accumulation of demerit points. Depending on the category of license, the number of demerit points that can be accumulated before losing one’s license differs, from as little as 4 points for a new driver to 15 points in the case of a complete license.
There are many strategies that can be employed to defend against the potential loss of license from the accumulation of demerit points. An experienced lawyer like Steven Slimovitch is often able to negotiate with the prosecutor to avoid such negative outcomes.
What Steven Slimovitch Can Offer You
When you or someone you know has been charged with a driving offence, it is important to retain the services of an experienced criminal defence lawyer as soon as possible. Steven Slimovitch is a highly skilled and experienced criminal defence lawyer with a very impressive track record in this area. He has defended countless people accused of driving offences and has successfully supported them throughout the legal process and enabled them to get their lives back on track.
Frequently Asked Questions
What should I do if I am stopped on suspicion of driving under the influence?
Remain calm and follow the officer’s instructions. Hand over your driver’s license, registration certificate, and proof of insurance. Avoid making statements that could incriminate you. You have the right to remain silent. You are legally required to submit a sobriety test or breath alcohol test if requested.
What are my rights if I am arrested for impaired driving?
You have the right to remain silent and to speak to a lawyer without delay. The police officer must inform you of the reasons for your arrest and any charges against you. You must still submit to any tests required by law, such as screening tests.
Can I refuse a breath alcohol test? What happens if I refuse?
Refusing a breath alcohol test is a criminal offence in Canada under the Criminal Code. It carries the same consequences for the driver as being convicted of impaired driving: fines, license suspension, and a criminal record. In addition, it generally makes your defence more difficult.
Will I lose my driver’s license?
Yes. In Quebec, failing or refusing a breath alcohol test generally results in an immediate 90-day suspension. If convicted, additional suspensions or conditions may be added depending on the severity of the situation.
What are the consequences for a first offence?
A first conviction can result in a minimum fine of $1,000, a one-year license suspension, participation in an alcohol program, and the requirement to install an ignition interlock device.
How can a lawyer help me with this type of case?
They can verify that your rights have been respected, challenge the validity of the tests, and negotiate with the prosecution. They can also build a strong defence to minimize the impact on your life.
In summary, what are the consequences if I am charged with impaired driving due to alcohol or certain medications, especially if I am a repeat offender?
Driving a vehicle while your ability to drive is impaired by alcohol, certain drugs, or the combined effect of both is a serious violation of the Highway Safety Code and the Criminal Code. If your blood alcohol level exceeds eighty milligrams of alcohol per hundred millilitres of blood, or if you drive after drinking too much, you are liable to be charged with impaired driving.
Repeat offenders face even more severe consequences, including higher fines, longer license suspensions, mandatory installation of an ignition interlock device, and even jail time. The serious legal and personal consequences underscore the importance of never driving when your ability to do so is impaired.
Can I contact you at any time if I am arrested or charged with a crime?
Yes. Steven Slimovitch is available 24/7 for urgent criminal matters. If you are arrested or charged, you can call at any time to receive immediate legal assistance. Acting quickly can be critical to protecting your rights.
Will you represent me immediately if I contact you after an arrest?
Absolutely. Steven Slimovitch can act on your behalf right away. Having a lawyer present from the earliest stage helps ensure that your rights are respected and can significantly impact the outcome of your case.
Do I need to meet you in person to start working with you?
Not necessarily. In urgent cases, initial consultations can often be done over the phone or by videoconference. Steven Slimovitch will work with you to find the fastest, most efficient way to begin your defence.
How quickly can you start working on my case?
Immediately. Upon your first contact, Steven Slimovitch will start assessing your situation and advising you on the next steps to take. Early intervention often makes a major difference in criminal matters.
Do you handle cases outside of Montreal?
Yes. Although based in Montreal, Steven Slimovitch regularly represents clients across Quebec and can discuss handling cases elsewhere depending on the circumstances.
Legal Fees
Steven Slimovitch offers a free initial consultation in order to properly assess your particular situation and circumstance.
Legal fees are determined either on a per-hour billing rate or a flat fee basis. We will always provide you with an accurate estimate of the potential financial costs associated with your file.