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Driving Offences
Impaired Driving - Over .08 - Refusal - Causing Bodily Harm - Death - Traffic Offences
Impaired Driving related charges can have severe consequences. Automatic loss of licence often leads to loss of employment. As well, jail terms, high fines, probation and increased car insurance premiums can flow from an impaired driving conviction.
The Criminal Code provides for a graduated minimum penalty scheme depending on the criminal record for similar charges:
Minimum Penalties
1st Offence - $1000 fine, 1 year driving prohibition
2nd Offence - 30 days jail, 2-5 year driving prohibition
3rd Offence - 90 days jail, 3 year driving prohibition
Oftentimes the trial judge will increase the suspension from the minimum penalties stated above. The Province of Alberta through the Traffic Safety Act imposes parallel provincial suspensions. The provincial suspension runs concurrent (at the same time) as the court imposed suspension noted above.
Minimum Suspensions
1st offence - 1 year suspension
2nd offence - 3 years if prior occurred within past 10 years
3rd or more offence - 5 years
Ignition Interlock Program
It is possible to reduce the actual loss of licence to a suspension period less than the minimum suspension stated above. This is through the
Ignition Interlock Program. To qualify the judge must authorize the individual to apply for the program.
Depending on the judge's recommendation it is then possible to obtain a restricted licence that entitles the individual to operate a motor vehicle equipped with the ignition interlock device. The judge has the discretion to recommend minimum driving suspensions as follows:
Interlock Reductions
1st offence - reduction to as low as 3 months
2nd offence - reduction to as low as 6 months
3rd and subsequent offences - reduction to as low as 12 months
Please note that the judge must authorize the recommendation for participation in the
Ignition Interlock Program. If the individual applies and is accepted into the program the suspension is reduced as set out above.
Impaired Causing Bodily Harm - Death - Criminal Negligence
With a conviction for impaired driving causing bodily harm, imprisonment can be up to 10 years with the driving suspension of 10 years as well. Impaired driving causing death has a maximum of life imprisonment with a driving suspension for any period the "court considers proper."
Curative Discharge
A mandatory jail sentence for repeat offenders can be avoided if the offender is granted a curative discharge. The discharge may be granted in circumstances where the judge is satisfied that the individual is in need of alcohol curative treatment and the individual has been seeking ongoing treatment and counseling for the problem. The licence suspension is unaffected by the granting of a curative discharge.
Effective Representation
Contrary to what the public may think, experienced defence counsel do win a number of impaired driving trials and in other situations, minimize the damage when it comes to penalty.
Impaired driving law is technical in nature. Mr. Batting has won many impaired driving trials by:
• exposing police procedural errors
• raising right to counsel (Charter) violations
• successfully arguing lack of grounds for demanding breath samples (s.8 Charter)
• hiring experts (alcohol/pharmacological experts, medical doctors, psychologists and psychiatrists)
to defeat the prosecutor's case
Dangerous Driving - Bodily Harm - Death - Hit and Run - Careless Driving
Like impaired driving, these offences (except careless driving) lead to automatic licence suspensions. Depending on the charge, a jail term, large fines and increased insurance premiums can result from a conviction on these charges. For example, dangerous driving, if found guilty leads to an automatic one year driving suspension.
Good defence counsel, like Mr. Batting, can win trials on these charges outright. In other cases, depending on the circumstances of the particular client, a defence strategy is taken to reduce the severity of the penalties available to the judge.
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