first offence

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On your first offence of impaired driving, driving with a blood alcohol content over 80, or refusing to give a breath or blood sample there may be minimum penalties. The minimum penalties that a judge must impose in Canada for a first offence would be a fine of at least $600 and prohibition from driving anywhere in Canada for at least one year. The existence of a pardon may cause a second or third offence to be treated as a first in Canada. A second offence which occurred at a point in time before the actual conviction for the first may also be treated in Canada as a first offence for Criminal Code purposes.  

 

 

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Ontario                                                      Edit this Entry                     Cases for this Ontario paragraph

The Highway Traffic Act of Ontario provides for a minimum licence suspension of one year for a first offence. This automatic minimum suspension for a first offence occurs because of section 41 of the Ontario Highway Traffic Act . There are no exceptions for employment.

The lookback period for determination of whether an offence constitures a prior is 10 years in Ontario. To calculate whether an offence is a prior offence for purposes of the Highway Traffic act consider the sequence of convictions.

 

 

See also: first offence

See also: Subsequent Conviction

Links to legislation in International Referral Database:

Ontario : Reduction in Post-conviction Suspension with Interlock

Ontario : Ignition Interlock Devices on Re-instatement After Suspension

Ontario : Minimum Fine/Jail

Ontario : Driving Prohibition

Ontario : Automatic 90 Day Suspension when Charged with Over 80 or Refusal

Breath Instruments Links

Breath and Blood Departments and Standards Links

 

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

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

 

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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.

 

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