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  • Impaired Driving in Ontario : Facts and Legal Information

    September 18, 2015

    As vehicle and road technology advance, more and more people have access to high-speed vehicles. Today, people have the financial resources to purchase high-end vehicles that can reach amazing speeds and people are able to do this at almost all levels of society and age. Early, luxury/premium vehicles were available to only the upper echelons. Road conditions are also highly advanced these days, with traffic moving through all kinds of geographies and weather conditions. All these make driving a risky proposition at the best of times. Added to this, if the driver is impaired by consumption of alcohol, drugs or prescription medication and not in full control of reflexes, this could have serious consequences.

    Ontario takes a very serious view of impaired driving. Impaired driving involves operating a vehicle (including boats, snowmobiles, ATVs, motorcycles etc) while under the influence of an intoxicating substance, resulting in the impairment of motor and driving skills, judgment, reflexes, cognitive and sensory inputs and emotions. Another quality that alcohol confers on users is that it could make them over-confident, reckless and aggressive. People ignore warning signs, suggestions from friends/family and feel that they are in full control of their senses.

    Impaired driving is considered a crime in Canada, which results in a range of penalties, based on the circumstances of the case and previous record of the accused.

    Procedures

    If a police officer observes a driver on the road (driving or parked) behaving in an unusual manner, or has reason to suspect that they have consumed alcohol/drugs within the past three hours, they can ask for the driver to be subjected to a provide breath samples. If an accident has occurred, the police are entitled to collect blood samples. Physical co-ordination tests may also be demanded in field sobriety testing. Blood and urine samples are demanded if drug induced intoxication is suspected. These samples are then tested. Refusal to provide samples or co-operate in the testing process carries its own penalties.

    Based on initial suspicions/observations, the impaired driver is arrested and taken to the police station for booking. Finger-printing, photographing, searching and questioning are carried out. Preliminary hearing, trial and sentencing follow.

    As a victim of an impaired driver, you need to get immediate medical attention and legal representation to ensure that your rights are protected and that all relevant facts are immediately recorded accurately. If death or serious injury has occurred, the next of kin should take care that legal representation is sought as early as possible and there should be no communication with the other party, their legal representatives or insurance company without the presence of your personal injury lawyer. 

    Penalties for Impaired Driving 

    The penalties for drinking/doing drugs and driving are very harsh and intended to punish the convicted person and also act as a deterrent. Nearly 15% of all criminal charges in the country are for impaired driving which makes it the biggest offenders’ group. Conviction leads to imprisonment, fines and/or loss of license. Fully licensed drivers may face immediate roadside suspension if they refuse to take an alcohol level determination test and if the test results show a Blood Alcohol Content (BAC) of +0.05%.

    Penalties are based on the circumstances of the case, previous record and type of injury and damage caused. If children are involved, additional charges are included. General charges include:

    • Fines
    • Restrictions on driving privileges
    • Suspension of driver’s license
    • Installation of Ignition Lock Device
    • Probation
    • Education/counseling
    • Community service
    • Assessment and treatment programs
    • Imprisonment

    Additionally, family law consequences may also apply – the impaired driver can lose custody of children. Insurance benefits may be reduced and no-fault earnings benefits are denied. Open-ended liability for third party injuries and losses and other devastating financial consequences may result from a conviction for impaired driving. 

    How We Can Assist

    If you or a loved one has been the victim of impaired driving, our car accident lawyers can begin working on putting together a strong case for compensation in both civil and criminal courts. Our legal team can ensure that your rights are protected, that the right people/agencies are named in charges, sufficient evidence and testimony from eyewitnesses and experts are gathered and we represent you in all discussions with insurance companies of the impaired driver.

    Our no win no fee lawyers can make a thorough initial assessment of your case and give you a genuine perspective on the merits of your claim. We can assist you in filing the paperwork within the designated time-frame and also conduct negotiations with the insurance companies.

    If you you or your loved ones have been injured by a drunk driver, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

  • Impaired Driving in Ontario : Facts and Legal Information

    September 18, 2015

    As vehicle and road technology advance, more and more people have access to high-speed vehicles. Today, people have the financial resources to purchase high-end vehicles that can reach amazing speeds and people are able to do this at almost all levels of society and age. Early, luxury/premium vehicles were available to only the upper echelons. Road conditions are also highly advanced these days, with traffic moving through all kinds of geographies and weather conditions. All these make driving a risky proposition at the best of times. Added to this, if the driver is impaired by consumption of alcohol, drugs or prescription medication and not in full control of reflexes, this could have serious consequences.

    Ontario takes a very serious view of impaired driving. Impaired driving involves operating a vehicle (including boats, snowmobiles, ATVs, motorcycles etc) while under the influence of an intoxicating substance, resulting in the impairment of motor and driving skills, judgment, reflexes, cognitive and sensory inputs and emotions. Another quality that alcohol confers on users is that it could make them over-confident, reckless and aggressive. People ignore warning signs, suggestions from friends/family and feel that they are in full control of their senses.

    Impaired driving is considered a crime in Canada, which results in a range of penalties, based on the circumstances of the case and previous record of the accused.

    Procedures

    If a police officer observes a driver on the road (driving or parked) behaving in an unusual manner, or has reason to suspect that they have consumed alcohol/drugs within the past three hours, they can ask for the driver to be subjected to a provide breath samples. If an accident has occurred, the police are entitled to collect blood samples. Physical co-ordination tests may also be demanded in field sobriety testing. Blood and urine samples are demanded if drug induced intoxication is suspected. These samples are then tested. Refusal to provide samples or co-operate in the testing process carries its own penalties.

    Based on initial suspicions/observations, the impaired driver is arrested and taken to the police station for booking. Finger-printing, photographing, searching and questioning are carried out. Preliminary hearing, trial and sentencing follow.

    As a victim of an impaired driver, you need to get immediate medical attention and legal representation to ensure that your rights are protected and that all relevant facts are immediately recorded accurately. If death or serious injury has occurred, the next of kin should take care that legal representation is sought as early as possible and there should be no communication with the other party, their legal representatives or insurance company without the presence of your personal injury lawyer. 

    Penalties for Impaired Driving 

    The penalties for drinking/doing drugs and driving are very harsh and intended to punish the convicted person and also act as a deterrent. Nearly 15% of all criminal charges in the country are for impaired driving which makes it the biggest offenders’ group. Conviction leads to imprisonment, fines and/or loss of license. Fully licensed drivers may face immediate roadside suspension if they refuse to take an alcohol level determination test and if the test results show a Blood Alcohol Content (BAC) of +0.05%.

    Penalties are based on the circumstances of the case, previous record and type of injury and damage caused. If children are involved, additional charges are included. General charges include:

    • Fines
    • Restrictions on driving privileges
    • Suspension of driver’s license
    • Installation of Ignition Lock Device
    • Probation
    • Education/counseling
    • Community service
    • Assessment and treatment programs
    • Imprisonment

    Additionally, family law consequences may also apply – the impaired driver can lose custody of children. Insurance benefits may be reduced and no-fault earnings benefits are denied. Open-ended liability for third party injuries and losses and other devastating financial consequences may result from a conviction for impaired driving. 

    How We Can Assist

    If you or a loved one has been the victim of impaired driving, our car accident lawyers can begin working on putting together a strong case for compensation in both civil and criminal courts. Our legal team can ensure that your rights are protected, that the right people/agencies are named in charges, sufficient evidence and testimony from eyewitnesses and experts are gathered and we represent you in all discussions with insurance companies of the impaired driver.

    Our no win no fee lawyers can make a thorough initial assessment of your case and give you a genuine perspective on the merits of your claim. We can assist you in filing the paperwork within the designated time-frame and also conduct negotiations with the insurance companies.

    If you you or your loved ones have been injured by a drunk driver, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.

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