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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 $1000 and prohibition from driving anywhere in Canada for at least one year. The existence of a pardon or suspension of conviction 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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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 : Minimum Fine for Refuse Demand
Ontario : Minimum Fines for High BAC
Ontario : Penalty for Impaired, Over 80, Refuse
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
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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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