Driving offenses include some of the most common types of criminal
charges in Ontario. There are a variety of driving offenses you may be charged
with, and the potential penalties depend on the proven severity of the
Whatever driving offense you may have been charged with, it
is highly recommended to seek legal counsel to help explore the situation in
detail and determine the best defense for your case.
Professional and experienced legal representation can make
all the difference in avoiding a criminal conviction.
An excellent option for criminal defense against driving
charges in Ontario is Mark Byers Law.
Mark Byers can help with driving offense like:
- Impaired Driving (DWI)
- DUI (Driving over 80)
- Failure to Stop
- Failure to Provide a Sample
- Driving while Disqualified
- Flight from Police
- Dangerous Driving
Impaired Driving (DWI – Driving While Impaired)
An impaired Driving charge is based on the ability of the
driver to operate a motor vehicle. If the driver is suspected of being under
the influence of drugs or alcohol, a DWI charge may be laid if the driver’s
actions are noticeably impaired.
Proof of impairment can be a difficult task for the crown,
and a good criminal lawyer will analyze all the details of the case to raise
DUI (Driving Over 80)
A DUI charge differs from a DWI charge in what the charge is
A DWI charge is based on the driver’s actions and
performance. Actions can be impaired by alcohol or drugs.
A DUI charge is based strictly on the level of alcohol found
in the driver’s system.
However, just because you are over the legal limit of 80
does mean you will automatically be convicted.
An experienced DUI lawyer, like Mark Byers, can mount a
defense based a variety of factors, such as:
- Police procedure
- Breathalyzer accuracy and function
- Time elapsed
- Failure to provide right to counsel
- Many others…
Failure to Stop
Failure to stop at the scene of an accident is a criminal
charge in Ontario and can result in serious penalties.
Penalties become harsher if it is proven that the driver
fled the scene after knowing there were injuries to other drivers causing
bodily harm or death.
A criminal lawyer can present a defense based on things
- What constitutes an accident?
- Was the driver aware an accident occurred?
- Was the driver aware of injuries?
- Proof of failure to stop
Failure to Provide a Sample
Failing to provide a requested breath or blood sample at a
roadside stop may result in a criminal charge.
Even if a sample was refused, there are still defenses that
can be applied to your case.
Some defenses may include:
- Validity of demand
- Right to counsel ignored
- Equipment failure
- Inadequate instructions
- Reasonable excuse
Driving While Disqualified
The criminal charge of Driving While Disqualified refers to
a driver operating a motor vehicle after they have been prohibited from doing
so. This is usually because of a prior criminal conviction.
Driving with a suspended license is a serious charge and can
have many negative repercussions.
Driving while disqualified can result in:
- Loss of license
- Vehicle being impounded
- Increased insurance premiums
Flight from Police
Fleeing from the police is never recommended, but there are
still defenses available if you are charged with Flight from Police.
In Flight from Police cases, it is up to the crown to prove:
- The identity of the driver
- That a request to stop was made by police
- The request to stop was heard and understood
- Time to stop was unreasonable
- No valid excuse for fleeing
A dangerous driving conviction can result in severe penalty
and punishment. The crown will need to prove the nature of the danger and the
likelihood of people being affected in the location were the offense occurred.
For a dangerous driving charge, the first step is to
determine if there is a viable defense. The next step involves building up the
character of the defendant to reduce the charge and avoid a criminal