Thursday, November 18, 2010

Calvin Barry

When a police officer pulls you over in Ontario, and if s/he detects alcohol
on one's breath, the officer can make a demand for you to provide a sample
into an approved screening device. If you fail that test, this provides
reasonable and probable grounds for the policer officer to arrest you, have
your car towed, and make a breath demand.

Your license will be suspended for 90 days under the Highway Traffic Act and
on the 91st day, provided you have no prior record, you can attend at any
Ministry of Transporation and pay the $150 reinstatement fee to have your
license reinstated. In several jurisdictions in Toronto and the GTA, if
there is a trial, it will be about one year away.

When you go to the police station, you will be presented to a qualified
breathalyzer technician and will have to provide two samples into the Intoxilyzer 5000 or Intoxilyzer 8000, commonly used throughout Ontario.
If you provide a sample that is in excess of 80 milligrams in 100
millilitres of blood then you will be charged with "Over 80".

Another scenario is if you are exhibiting obvious signs of impairment, the
police officer does not have to administer the approved screening device,
but will have reasonable and probable grounds to arrest you for "Impaired
Driving of a Motor Vehicle." Even if you have the keys in your pocket and
you are sitting behind the wheel of your vehicle and it is not on you can be
charged with "Care and Control," "Impaired" and/or "Over 80" of a motor
vehicle.

At the police station you will be allowed to speak to a Duty Counsel lawyer
who will advise you of your rights. It is usually advisable to always
provide the two samples of your breath as refusing to provide a sample does
not come with many legal defences. Sometimes, people have breathing
difficulties and attempt but cannot provide a suitable sample, and then one
would be charged with "Failure to Provide an Adequate Sample."

Impaired, Over 80, Failure to provide sample, Refusal to provide sample, all
come with the same consequences - that being a 90 day administrative
suspension regardless if you are ultimately acquitted at trial, a $1000
fine, one year prohibition, and in the second year of driving you have to
install an interlock device that unless you blow zero blood alcohol the
vehicle will not start up. In addition you have to take the 'Back on Track'
program, which is a course on the perils of drinking and driving.

On August 1, 2010 provincial provisions were enacted that, if eligible they
allow you to plead guilty and after 90 days of driving prohibition, you are
allowed to drive for employment purposes with the interlock provision
installed in your vehicle. If you have prior convictions, or the readings
are quite high, or if there was an accident, you will likely not be eligible
for this program.

Other consequences of being convicted by guilty plea or after a trial of
drinking and driving are that you will have a criminal record, you may have
difficulty crossing into U.S.A., you will have fingerprints and photos of
yourself on the Canadian Police Information Computer system that is used by
police Canada wide. Employment difficulties - as many people have to be
bonded.

-Calvin Barry