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Reviews of Investigating Impaired Drivers
Sunday
Dec172017

HOLIDAY SEASON - SPOT CHECKS

In order to keep everyone safe during the holiday season, most police services increase the number of spot checks they conduct.  Some of them even give out rewards to sober drivers.  Happy Holidays!

RIDE Checks - Rewarding Responsible Driving : www.ridechecks.com

Police Hand Out Gift Cards To Thank Sober Drivers: www.ckom.com

 

 

Saturday
Dec092017

STRENGTHENING IMPAIRED DRIVING LAWS - CHARTER STATEMENT

Parliament has proposed a number of changes to impaired driving legislation, and a Charter Statement has been released that describes those proposed changes. It reviews, among other things, mandatory alcohol screening and the admissibility of roadside statements: Bill C-46 Charter Statement

Saturday
Dec022017

IMPAIRED CAUSING - EVAPORATION RATE OF ALCOHOL

Ms. Kraus was convicted of impaired causing bodily harm and dangerous driving causing bodily harm.  On appeal, the Crown conceded that the trial judge erred by taking judicial notice of the evaporation rate of alcohol (judicial notice “is taken of matters so notorious as to be common knowledge”). However the convictions were still upheld as: “the only conclusion on the overwhelming evidence is that the verdict would have been the same regardless.” R. v. Kraus, 2017 ONCA 458

Saturday
Nov252017

SENTENCE - SIX YEARS FOR IMPAIRED CAUSING DEATH UPHELD

Ms. Stevens appealed both her conviction and sentence for impaired operation causing death and dangerous operation causing death.  The sentence appeal was dismissed as her sentence was "not outside the range of sentence appropriate for similar offenders who commit similar offences in similar circumstances." Her conviction appeal was also dismissed:

A toxicologist testified that at the time of the accident, Ms. Steven’s blood alcohol concentration was between 70 and 110 milligrams of alcohol per 100 millilitres of blood. There was also evidence that, at a blood alcohol concentration of 50 milligrams per 100 millilitres of blood, impairment of the ability to operate a motor vehicle becomes significant, at least in a scientific sense. R. v. Stevens, 2017 ONCA 686

Saturday
Nov182017

CARE OR CONTROL - NOT GUILTY OF OPERATE OVER 80 BUT GUILTY OF CARE OR CONTROL OVER 80

This case is an excellent review of the elements of the offence of being in care or control of a motor vehicle while over 80.  At trial Mr. Pawluk was acquitted of impaired operation of a motor vehicle and operation while over 80. On appeal the Ontario Court of Appeal upheld the acquittals on the "operation" counts but substituted a verdict of guilty for the included offence of having "care or control" of a motor vehicle while over 80:

The law alerts an accused to their jeopardy for included offences, and in this case, questions were asked of [the officer] that could only be relevant to the issue of Mr. Pawluk’s care or control. It should not have come as a surprise when the Crown sought a care or control over 80 conviction. R. v. Pawluk, 2017 ONCA 863