Dealing with Driving Offences in Ottawa, Ontario
If you are looking for an impaired driving lawyer in Ottawa, Engel & Associates is here to help. We are committed to helping clients charged with impaired driving offences. These situations are not only stressful but also put your future at stake. We help you understand your rights and guide you through the criminal law system. Within legal boundaries, we help you defend your case to minimize the penalties.
With over four decades of experience in handling criminal offences cases, you can trust our DUI lawyers to help you regarding your case of impaired driving. Our team of lawyers has immense experience and unparalleled expertise in working through the legal system. We are also committed to helping clients such as you as much as we can. Thus, you can trust us to get the best possible result for you from your case. We will also be with you at every step of the way till your case is closed and the verdict is pronounced so that you never feel lost, alone or confused and so that you receive the right guidance at the right time.
Give us a call to book a free consultation so that we can assist you throughout the investigation, arrest and trial processes.
What Is Impaired Driving?
If you are handling, driving or are in control of a motor vehicle (irrespective of whether it is a 2-wheeler, a 3-wheeler or other) while your senses and your ability to control the vehicle are impaired, particularly due to the influence of alcohol, drugs or any other substance, you are liable to be charged with impaired driving. It is an offence that is punishable as per the Criminal Code. However, the degree and severity of the punishment will depend on the harm or damage caused by your act of impaired driving.
Being Charged With Impaired Driving? Things You Must Know
When you are being stopped and arrested for impaired driving, knowing what is involved is vital and can ease your fears about the process. You may have questions about your driver’s license, your criminal record or if you will face hefty fines and jail time.
The lawyers at Engel & Associates can help you defend your rights if you have been stopped for impaired driving or a related charge in Ontario. We have achieved countless victories for our clients who were charged with these offences by getting the consequences minimized or reduced.
One of the most common concerns about an impaired driving arrest is whether it is mandatory to appear in court. After being charged, the first court date will generally be in two weeks. Also, during this first appearance, in most cases, one of our lawyers will be able to appear in court for you. A trial date will be set for later on.
During the process, we will be happy to answer your questions and explain issues such as employment concerns, driving privileges, car impoundment, mandatory minimum sentencing guidelines, fines and your criminal record.
80 and Over Charges in Ontario
People who drive under the influence of alcohol are often charged with both impaired driving and “80 and Over.” This charge is levied if the alcohol content in your blood is found to be more than 80 mg of alcohol for every 100 mg of blood. A conviction for any drunken driving charge can leave you with significant penalties, including fines and a permanent criminal record for a first offence. Apart from criminal penalties, an 80 and Over conviction will also hurt your motor vehicle insurance coverage and premiums.
Unlike the charge of impaired driving, the offence of “80 and Over” does not require proof of impairment of any kind. Instead, it requires proof that the driver had a concentration of alcohol in his or her bloodstream that was higher than the legal limit. This is typically determined using a Breathalyzer test that can be administered by the police on the spot. Alternatively, it can also be determined using a blood test or a urine test. In case you refuse to let the police administer the test to you, you could face severe penalties. Moreover, your license could be suspended and your motor vehicle insurance could be adversely affected.
Representing You for 80 and Over Charges
Typically, the alcohol concentration is determined by using breath tests through Breathalyzer machines. This concentration can also be determined by using a blood or urine test. The refusal to take a breath test, either on the roadside or at the police station, comes with its penalties, including license suspension and insurance consequences.
At Engel & Associates, our DUI lawyers have more than two decades of combined experience in criminal defence, including defence for charges of 80 and Over, and other drunken driving offences. We will listen to your side of the story and look at all elements of the stop and arrest process to determine if police officers acted appropriately and whether tests were taken according to the law. Also, we will work to reduce or dismiss the penalties that you are facing, and if your rights were infringed upon, it may be possible to have the results of those tests dismissed.
Dangerous/Careless Driving
In Canada, dangerous driving is a criminal offence that comes with serious penalties. Careless driving is not a criminal offence, but it is one of the most serious offences under the Highway Traffic Act. A dangerous driving or a careless driving charge can affect your insurance rates and your driving privileges. Both charges also need to be taken seriously, and it is advisable to speak with an experienced lawyer in either case.
You do not have to stand alone against the criminal justice system. We can help you defend yourself against dangerous driving or careless driving charges in Ontario. We will make sure your side of the story is heard, and that your rights are protected throughout the criminal justice process.
Driving Causing Death
In response to the frequency of pedestrian deaths, there has been considerable legislative interest in increased penalties and accountability when death or bodily harm is caused by somebody driving a motor vehicle. In case you are charged with this, you can be subjected to considerable legal trouble, social scrutiny etc.
With so much on the line, it is important to have the assistance of an experienced criminal lawyer. At the law firm of Engel & Associates, in Ottawa, our lawyers provide representation for such charges. We have a reputation for serving our clients well and dealing with The Crown on the toughest cases.
Refusal to Provide a Breath Sample
Under the Criminal Code, when requested by a police officer, it is an offence to refuse to provide a breath sample intentionally. The consequences for failing to cooperate can be as severe as those for registering a blood alcohol concentration “80 or Over”, and can have significant and long-term ramifications.
If you have been charged with refusal to provide a breath sample, our experienced criminal lawyers can provide representation for refusal charges in Ontario.
Nepean Dangerous Driving Offence Lawyers
It is beneficial to be able to drive legally, especially if you live in a big city. But, if you lose your driver's license due to a conviction for dangerous or careless driving, driving to work, taking children to school or simply living life conveniently can be difficult.
While a careless driving ticket may not seem serious, you will receive six demerit points for a charge, which can significantly impact your driving privileges. Dangerous driving is a criminal charge – not just a ticket – and a conviction will go on your criminal record. If anyone is injured as the result of your careless or dangerous driving, you may also face the possibility of jail time. The lifetime cost of one impaired driving conviction has been calculated at between $50,000 and $60,000. We can help you by representing you in court if you are charged. In such cases, we will do our best to minimize the penalties you face.