Cugelman & Eisen

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Impaired Driving/Care or Control - Cugelman & Eisen

Impaired driving is the operation of a motor vehicle while impaired by the effects of alcohol or drugs, and it is a crime under the Criminal Code of Canada. In Ontario, a first conviction on an impaired driving charge, driving with Excess Alcohol ("Over 80"), or a Refuse Breath test charge will automatically result in the loss of your driver's license for one year (subject to Stream A or B of the Interlock program) and a minimum fine of $1000, and on occasion prison time. Also, the Interlock program and a counseling program ("Back on Track") are required to be completed before one's licence can be returned. On a second or subsequent conviction, there are minimum jail sentences and lengthy driving prohibitions. In either case, insurance premiums skyrocket.

Legal Considerations Involved in Impaired Driving Cases

Impaired driving charges can arise out of not only alcohol use, but the use of any substance that may affect the way you drive, including illegal drugs, prescription drugs, and over-the-counter drugs.

Ontario leads the way in Canada and North America with some of the toughest impaired driving laws and programs on the books. Licensed drivers will face immediate roadside suspensions of 90 days for refusal to take a breath test, or registering a blood alcohol level of 0.08 or more. Your vehicle doesn't even have to be moving in order to be charged; for example, just sitting behind the wheel while impaired can often be enough to warrant conviction.

As of December 1, 2010, drivers with a blood alcohol concentration exceeding 0.08, or who fail to comply with breath testing, face an immediate seven-day vehicle impoundment at the roadside. This impoundment may also apply to drivers who get behind the wheel of a vehicle without an ignition interlock device in violation of any such condition on their licence. Seven-day impoundments may not be appealed.

The repercussions of an impaired driving conviction can be far-reaching. In addition to the possible fines and other penalties, losing your license can affect your job and your family, and a criminal record can damage your future employment and educational opportunities as well as your reputation. The laws governing impaired driving crimes in Canada can be complex, and a skilled criminal lawyer can look at the specific facts of your case and help you determine the best possible defence for you. At Cugelman & Eisen, we fight drinking and driving charges on a regular basis and have an impressive track record of acquittals for our clients. You don't need to face an impaired driving charge alone; talk to an experienced defence lawyer today to learn more about your rights and your options.

Cugelman & Eisen: Barrie Criminal Lawyers Who Will Fight For You

The legal team at Cugelman & Eisen has more than 60 years of combined experience in criminal defence, having prepared and argued cases successfully at all levels of the Ontario court system. They have built their practice on hard work, clear communication with clients, and an unwavering dedication to excellence in the field of criminal defence; today, Cugelman & Eisen is one of the most highly regarded law firms in the Barrie area. They work in all areas of criminal defence and handle all types of cases, including impaired driving, domestic and sexual assault, property offences, and more. Bernard Cugelman and Mitchell Eisen stay abreast of the latest developments in Canadian criminal law, which allows them to provide the most effective defence for every client. They can assist you through every phase of your criminal case, from police investigations, bail, and pre-trial hearings to trials, plea negotiations, and appeals. The law offices of Cugelman & Eisen are located at 89 Collier St. Suite 100, Barrie, Ontario L4M 1H2, or they can be reached by calling (866) 715-9413.