I Just Plead Guilty to Impaired Driving?
An Impaired Driving Lawyer Responds
See also: Guilty Pleas to
just been charged in Canada with impaired driving, over 80, or refusal
and you've decided you should plead guilty and "get it over with".
licence in Ontario has been suspended
automatically for 90 days and the Ontario Government has you
convinced you should plead guilty so that suspension and the one year suspension on conviction
think lawyers cost too much and they can't do anything anyway
you want to know what's going to happen
will have a record
of a criminal conviction for the rest of your life. It's true that
you might get a suspension of conviction (there is no longer such a
thing as a pardo) several years down the road but more and more the
politicians are saying that legislation will be changed so that
suspensions of conviction should not erase convictions for drunk
driving. Suspensions of conviction now take much longer to get than
pardons used to. Canadian suspensions of conviction are not recognized
by some provincial legislation (including the Ontario 10 year lookback
period), by US border authorites, or Criminal Code driving
prohibition rules. If you ever want to become a teacher, a police
officer, a professional, or a government employee you may be giving up
any hope of acceptance for such a job if you get a conviction for drunk
driving. There may be consequences under the Registered Insurance
Brokers Act , the Surveyors Act, the Veterinarians Act, the Architects
Act, the Professional Engineers Act, the Regulated Health
Professions Act, the Funeral Directors and Establishments Act,
the Social Work and Social Service Work Act, the Real Estate and
Business Brokers Act, the Private Security and Investigative Services
Act, the Chiropractic Act, the Early Childhood Educators Act, and
similar statutes. The police have a broad discretion to tell other
people about charges, findings of guilt, and convictions.There may be
consequences if your business sells lottery tickets or you are an
officer or director of a company that has restaurants with liquor
licences. There may be consequences if you are a medical student in
conviction for any drunk driving offence in Ontario you will
automatically lose your driver's
licence for at least one year. If you're like most Canadians that
will have a devastating impact on your job and on your family. If you
get caught driving while suspended you will go to jail and your car
will be impounded. Even if you are eligible for the Stream A or
Stream B permission to drive during the second part of the prohibition
must pay a $250 deposit at the time of interlock lease agreement
costs $105 per month in advance starting at installation
costs $150 plus HST
costs $50 plus HST
costs $105 per month plus HST
must pay insurance on the interlock device
education or treatment program costs $178
Back on Track Programme costs $578
outstanding fines must be paid
charge may need to be amended to delete the words "or a drug"
you are found driving without an interlock your car will be impounded
for 7 days
member of the family or the workplace who drives the vehicle (including
your parents, your spouse, your children, and your co-workers) will
have to blow into the interlock device
conviction for any drunk driving offence you will be ordered by a
judge to not drive in Canada for at least one year. If you breach that
order you will go to jail. That order is subject to provincial
you plead guilty to your first impaired or over 80 you'll be facing at
least 30 days in jail and a 3 year licence suspension on your second
and you'll regret pleading guilty on the first.
the end of the year you'll have to pay a lot of money to the Ontario
Government to get your licence back.
You have to take a course during the suspension and the course lasts at
least 8 months.
will need to install an
Ignition Interlock Device on your car and any other vehicle you
of all, your car
insurance rates will be out of sight for many years.
may not be able to visit the United States.
take some time to think about what you're doing:
can ask for and get "disclosure" and a copy of the "breath room video"
on your first Court appearance or shortly thereafter, even if you don't
have a lawyer.
can ask in Court
for a short adjournment (3 days to 3 weeks), bring "disclosure" to
a lawyer, and find out whether or not you have a defence to the charge.
You will need to spend about an hour with a lawyer. Ask the lawyer to
take the time (that's why you should pay for the first consultation) to
carefully review the disclosure and breath room video to assess whether
or not there are issues that can be litigated with some chance of
success. Phone Stephen Biss, personally, at 905-273-3322 for a one hour
consultation at $200 plus HST.
can read a lot of information about impaired
driving and drunk driving offences at this web site.
Can I Fight It?
How I Can Help
Practical Stuff: The Canadian Impaired Driving
Checklist (Bring this Questionnaire with You to Your Lawyer)
Practical Stuff: The Drinking Driver's Worksheet
(Exactly How Much You Drank)
More Information About the Law
Implications in Ontario
Automatic Suspension of Licences on Arrest
Automatic Suspension of Licences on Conviction
Re-instatement of Licences
Vehicle Interlock Requirement
While Suspended Penalties in Ontario
Insurance Implications in Ontario (see Rule 25
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Other Links and Resources