Impaired Driving Law and Impaired Driving Penalties in Ontario
Impaired driving means driving a vehicle such as an automobile, car, truck, boat, snowmobile or any other motorized vehicle when the ability to operate the motor vehicle is impaired. Impaired driving usually takes place due to the excess intake of alcohol and is a serious criminal charge in Canada. If you have received an impaired driving charge in Ontario you should NOT plea guilty as this may lead to serious ramifications including receiving a criminal conviction for life, high insurance premiums starting between $5000 to $15,000/year for facility insurance, relicensing programme with the Ministry of Transportation (Back on Track Programme), thousands of dollars in fines, license prohibition for one year, installation of an interlock ignition device, and restrictions to entry in the US and abroad.
According to Canadian Law, if you are charged with impaired driving you are presumed innocent until you are proven guilty! This means the crown prosecutor must prove that you committed the offence and are guilty. In other words, you do NOT have to prove your innocence! In Ontario and Canada, if you are charged with impaired driving the crown must prove beyond a reasonable doubt that you committed the offence of impaired driving. The standard of proof for criminal cases in Canada is very high and therefore, before you are convicted of the impaired driving charge, the judge must be “CERTAIN” that the evidence in the case leads towards guilt. In Canada, there are strict evidentiary and procedural rules in place to protect the rights of all people charged with a criminal offence which includes impaired driving and Over 80. These rules include the presumption of innocence and the guarantee of a fair trial.
Brian Starkman has been named the “Best Impaired Driving Lawyer in Ontario”.
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