FAQ’S
1. Question (Jail): Will I go to jail if
convicted?
Answer: As a general rule, first offenders rarely get sent to jail; however, in exceptional circumstances the possibility exists.
2. Question (Success): My friends tell me
that there is no hope of success. Is there a chance or am
I wasting my money?
Answer: Your friends are absolutely wrong.
The majority of cases have potential for success. We have
an excellent success rate. Impaired driving law is a very
complicated area of criminal law, not only for lawyers but
also for the police. Many cases are won as a result of capitalizing
on these complications.
3. Question (Criminal Prosecutor): Why do
I care if my lawyer is a former criminal prosecutor?
Answer: A lawyer who has represented both
sides (defence and police) has the additional insight gained
from representing both parties. Additionally, the former Prosecutor
spends everyday in court running trials and thereby gaining
substantial experience.
4. Question (Offences): I have been charged
with Impaired Driving and driving with “over 80".
What does this mean?
Answer: The Impaired Driving charge means
that the police are allegeing that you drove your car while
your ability to do so was impaired by alcohol. The "over 80" means that the police are alleging that at the time of driving, your blood alcohol (percentage of alcolhol) was
in excess of 80 mg of alcohol /100 ml of blood .
5. Question (Refusal): I refused to provide a breath sample. Does this help me?
Answer: No! It will preclude a conviction for "Over 80"; however, as a result of your failure to provide a breath sample, the police will have charged you with Refusal To Blow. You still face the same penalties.
6. Question (Conviction): What will happen
if I am convicted of one of the charges?
Answer: If convicted you will face the following
consequences:
1. A criminal conviction;
2. A criminal record;
3. A minimum $600 fine
4. A pretrial driving suspension (Administrative driving
suspension or ALS) of 90 days;
5. Two one (1) year driving suspensions;
6. Skyrocketing of insurance or cancellation;
Conviction on either of the offences that you stand
charged with will result in the above penalties.
7. Question (Cheap): Can I get a less expensive
lawyer?
Answer: Of course you can. The old maxim
“you get what you pay for” is true. In the legal
field, the more experience and ability your lawyer has, the
more you will pay.
8. Question (Stay of A. L. S.): Can I get
the Administrative Licence Suspension stayed (frozen).
Answer: As a result of the very recent decision
of the Alberta Court of Appeal in the case of Thomson v Alberta,
it is currently possible to freeze the ALS (pre-trial driving suspension); however, the likelihood of long-term success is
uncertain.
9. Question (Steps Now): What steps should
I take right now?
Answer: The first thing you should do is
write out a full and detailed statement setting out everything
you did, saw and heard on the day in question from the moment
you woke up until the moment you went to sleep (assuming it
was not at the police station). The trial of your matter will
not be heard for at least 6 months and thus the statement
will be very important in allowing you to recall for the court
what happened on the day in question.
The next thing you should do is retain a qualified lawyer.
You should look around at a number of lawyers, and consider
their fee in relation to their qualifications, experience
and success.
The last thing you must do is not speak to the police. Sometimes
the police return, trying to further investigation. Do not
speak to the police.
10. Question (2ND Offence): If this charge
will be my second conviction, will I be going to jail?
Answer: Yes- On a second conviction, you
are facing a minimum period of incarceration of 14 days. Jail
can be avoided if you receive a Curative Discharge.
11. Question (Curative Discharge): What is
a Curative Discharge?
Answer: A curative discharge is an order of the court when an accused is found guilty of impaired driving, but is in need of curative treatment in
relation to drugs or alcohol. The accused is found guilty
of the offence and in lieu of a conviction, the court sentences
the accused to probation, a condition of which is to receive treatment for the drug or alcohol problem.
12. Question (Driving Suspensions): I do
not understand the three (3) driving suspensions I now face?
Answer: As a result of getting charged with
Impaired Driving you are subject to a three(3) month driving
suspension (Administrative Driving Suspension) that commences
21 days after the date of charge. After the expiration of this period, and with the approval of the Board, you may drive until your trial date.
If you plead guilty or are found guilty of; Impaired Driving,
Over 80, or Refusal to Provide a Breath Sample, you will face
two (2) additional one year driving prohibitions. These post-conviction
driving prohibitions run concurrently (at the same time) so
they will feel like one. In the event the court recommends
you for the “Interloc” program (a Breathalyzer
in your vehicle), and you are accepted to the program, you
may drive your vehicle after a minimum period of three (3)
months, for the remainder of the 12 months period but must
do so with the Breathalyzer (interloc) machine.
13. Question (Gulity Plea): Should I plead
guilty?
Answer: No. Definitely not at this time.
There is little or no benefit in pleading guilty at this early
stage. Once disclosure is obtained from the Prosecutors’
office, we will review it and your statement, and advise you
of the likelihood of success.
14. Question (Driving during A.L.S.): What happens if I drive during the pre-trial administrative licence suspension.
Answer: If you are convicted of driving during the period of the administrative licence suspension, you are facing for a first offence a fine of $2,000.00, in default of payment, a minimum of 14 days - 6 months in custody. For each subsequent conviction committed within one year from the date of the first offence, you are facing a minimum 14 days in jail and up to a maximum of 6 months in custody. Additionally, you will receive a further six month driving suspension. |
