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DRIVING OFFENCE LAWYERS IN TORONTO
Our Driving Offences Practice Areas
DUI / Impaired Driving
An impaired driving charge requires the Crown to prove that a driver’s ability to operate a motor vehicle was negatively affected by alcohol or drugs. The court looks at how the driver functioned, including coordination, judgment, and overall control of the vehicle. Evidence may include observations of poor driving such as swerving, crossing lanes, or involvement in a collision. Police may also rely on physical signs like slurred speech, unsteadiness, bloodshot eyes, delayed responses, or the smell of alcohol.
Over 80
The offence commonly known as “over 80” applies when a driver’s blood alcohol concentration exceeds the legal limit, regardless of whether their driving appeared impaired. The Crown only needs to prove that the driver’s alcohol level was above 80 milligrams of alcohol per 100 millilitres of blood. This is typically established through breath samples analyzed by an approved testing device. In limited circumstances, police may demand a blood sample, but only when a breath sample cannot reasonably be obtained due to medical or practical reasons.
Refusing a Breath Sample
Refusing to provide a breath sample after a lawful police demand is a criminal offence in Canada. This applies to roadside screening devices as well as approved breath testing instruments at the police station. A refusal is treated as seriously as impaired driving or driving over the legal limit and can result in a criminal record, mandatory driving prohibitions, licence suspension, and significant insurance consequences. In some cases, an individual may face both refusal and impaired driving charges arising from the same incident.
Dangerous Driving
Dangerous driving is a criminal offence that involves operating a motor vehicle in a manner that endangers the public. This can include excessive speeding, aggressive manoeuvres, or distracted driving that puts others at risk. A conviction can lead to jail time, a lengthy driving prohibition, and a permanent criminal record. We have successfully reduced dangerous driving charges to careless driving, which is a traffic offence rather than a criminal one, and have had many charges dismissed entirely.
Failing to Stop
Failing to stop after an accident — often called “hit and run” — is a criminal offence in Canada. The law requires every driver involved in a collision to stop, provide their information, and offer assistance if someone is injured. Failing to do so can result in jail time, a criminal record, and a licence suspension, even if the damage or injury seems minor. Our team has successfully defended clients by proving lack of intent, insufficient evidence, and police procedural errors.
Care & Control
Care and control is a criminal driving offence that can apply even when a person is not actively driving. An individual who is impaired or over the legal alcohol limit may be charged if they are found in or around a vehicle and there is a realistic risk it could be put into motion. Sitting in the driver’s seat creates a legal presumption of care and control under the Criminal Code. A conviction may occur unless the individual can prove they had no intention or ability to operate the vehicle.