Over 80 – Impaired Driving – Dangerous Operation of Motor Vehicle
Impaired Driving Lawyer Mississauga, ON
The charge of drinking and driving, impaired driving, over 80 charge, and dangerous operation of a motor vehicle use to be codified under a different section of the Criminal Code between sections 249 through 253.
Due to the recent amendments of the Criminal Code these driving offences have been repealed under their previous sections and are now codified under section 320.13 and 320.14 of the Criminal Code.
One of the objectives that parliament is trying to achieve with this type of offence is to protect the general public by deterring persons from operating conveyances dangerously or while their ability to operate is impaired by alcohol or drugs because the conduct poses a threat to life, health and safety of Canadians (section 320.12 of the Criminal Code).
The language has changed for these types of driving offences. Conveyances is defined under the Criminal Code as a motor vehicle, a vessel, an aircraft or railway equipment.
Dangerous operation is codified under section 320.13 of the Criminal code and reads: Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public. This type of charge all varies in degree depending on if the dangerous operation results in bodily harm (s.320.13(2)); or causes death (s.320.13)3).
Impaired Driving – Operation while impaired – Over 80
The Impaired driving charge and/or Over 80 charge reads: Everyone commits an offence who
(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug; (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood; (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drugs that are prescribed by regulation for instances where alcohol and drugs are combined.
There is zero tolerance approach based on the wording of the charging provision with respect to the impaired operation of a conveyance as it mentions any degree of alcohol or drugs or both. In regards a Over 80 charge, the legislation emphasizes on the concept of time. Time in this case is two hours within/after operating a conveyance.
Given the language in the legislation of these offences, it is anticipated the charges may or could lead to constitutional challenges.
These offences are a not to be treated lightly.
It is the duty of the crown prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of either a Impaired Driving Charge, a Dangerous Operation, or a Over 80 Charge – DUI Charge, must be met.
If you are charged with any of the offences above, you may have a defence available depending on the facts of the case. Your DUI criminal defence lawyer Mississauga will advise you if there are any legal defences to your alleged criminal charge which may negate the elements of the offence.
Do not plead guilty until you have either consulted with duty counsel or a criminal defence lawyer regarding your criminal case. It is also important to know that you have legal rights and equally important that they are preserved.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. Criminal Lawyer Mississauga will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner. Legal Aid Certificates are also accepted. Hire a Legal Aid Criminal Defence Lawyer in Mississauga today!
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