Click here for sponsor

 

DUI aggravating circumstances

Add or Edit a General Definition of this Concept           All Cases

The circumstances of the offence that make this particular case worse than an ordinary example of this offence. In impaired driving cases, high BAC readings, bad driving, high speeds, danger to the public, child in the car, an accident or near accident, injuries to a victim, or some combination of these may be aggravating circumstances.  

 

 

Add a Paragraph for Your State or Province

Add a Paragraph for Your Country

 

Canada                                                      Edit this Entry                     Cases for this Canada paragraph

The Criminal Code of Canada states:

255.1 Without limiting the generality of section 718.2, where a court imposes a sentence for an offence committed under this Act by means of a motor vehicle, vessel or aircraft or of railway equipment, evidence that the concentration of alcohol in the blood of the offender at the time when the offence was committed exceeded one hundred and sixty milligrams of alcohol in one hundred millilitres of blood shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a).

718.2 A court that imposes a sentence shall also take into consideration the following principles:

(a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,

(i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor,

(ii) evidence that the offender, in committing the offence, abused the offender’s spouse or common-law partner,

(ii.1) evidence that the offender, in committing the offence, abused a person under the age of eighteen years,

(iii) evidence that the offender, in committing the offence, abused a position of trust or authority in relation to the victim,

(iv) evidence that the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or

(v) evidence that the offence was a terrorism offence

shall be deemed to be aggravating circumstances;

(b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances;

(c) where consecutive sentences are imposed, the combined sentence should not be unduly long or harsh;

(d) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and

(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

Canada                                                      Edit this Entry                     Cases for this Canada paragraph

Blood of the offender at the time when the offence was committed exceeded one hundred and sixty milligrams of alcohol in one hundred millilitres of blood shall be deemed to be aggravating circumstances relating to the offence that the court shall consider under paragraph 718.2(a).

 

 

International Referral Database

Breath Instruments Links

Breath and Blood Departments and Standards Links

DUI Law: Words, Concepts, Issues, Terminology, and Ideas

DUI Law: Information For Expression and Peer Review by Law Students, Articled Clerks, and Students-at-Law

Constructive Peer Review is Encouraged By and Among Judges, Lawyers, and Forensic Scientists and Technologists- Click an Add, Edit, or Update Link to Participate

This DUI Law page is for expression by students of law and forensic science in understanding and peer reviewing important DUI Law: concepts, words, issues, and ideas. This site is not intended to provide DUI legal advice to the public. Members of the public with DUI law questions should consult and retain a DUI lawyer or attorney for proper legal advice. Because this information comes from many sources who may not be DUI law lawyers or attorneys and because this site does NOT contain solicitor-to-client personalized advice it would be unsafe to rely upon this information. This database was developed by Stephen R. Biss, Barrister & Solicitor, who practices law in Mississauga, Ontario, Canada.

 

DUI Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Criminal Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Charter of Rights Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Youth Court Law: List of Words, Concepts, Issues, Terminology, and Ideas 

Family Law: List of Words, Concepts, Issues, Terminology, and Ideas 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein. Advertisement. The participants do not practice in association. WARNING: All information contained herein is provided by students of the law for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A are "approved instruments" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC is an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.

 

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly.