IMPAIRED DRIVING

This is the most well known of the drinking and driving offences. However, misconceptions abound regarding what the allegation really entails. The prosecution must prove that the driver’s ability to operate a motor vehicle was impaired by alcohol. The Crown does not need to prove that any such impairment by alcohol had a noticeable effect on the driving of the accused. Moreover, one need not be over the legal limit of alcohol to be impaired by alcohol. If you have a low tolerance for alcohol, you may be convicted of impaired operation of a motor vehicle even if your breath samples were below the legal limit. Indeed, you could have no alcohol in your system and still be convicted of impaired driving if the prosecution can prove that impairment was as a result of the ingestion of drugs (legal or otherwise).

DEFENCES | CASES

An experienced and competent lawyer who specializes in impaired driving cases is your best bet for success on this charge. Thorough and effective cross examination of police witnesses is the key to success for an impaired driving allegation. A competent cross examiner will know what questions to ask and just as importantly what questions not to ask. An incompetent or inexperienced lawyer can do more harm than good during cross examination.

Sometimes an accused person will have an explanation as to why they may have appeared under the influence of alcohol when they really were not. For example, after a significant motor vehicle accident, a driver will often exhibit many of the same symptoms they might if they were impaired i.e. slurred speech, unsteadiness on feet. Again, a skilled lawyer can effectively bring out these alternative explanations with an eye towards creating reasonable doubt in the mind of the judge.