Driving & Impaired Offences
Driving is not a right – it is a privilege. Driving is also almost essential to maintain employment, educational, family and household obligations and make appointments in a province as vast as Alberta. Driving offences such as impaired driving, (causing bodily harm or death) driving with a blood alcohol level over .08(causing bodily harm or death), and refusal to provide a breath sample are amongst some of the most technical driving offences within the Criminal Code of Canada. Moreover, this area of the law often has constantly changing case law that not only can modify and evolve the state of law- in some cases provide a game changer to the charges you are facing. Never make the decision to simply plead guilty to one of these offences without meeting with a lawyer and reviewing your disclosure. The Crown has the burden of proving dozens of elements to these offences to secure a conviction against you. The consequences of a conviction start at a fine and a Canada wide driving prohibition and can in some cases include jail, not to mention the consequences to your insurance, employment and travel opportunities that a criminal record will bring. Dangerous driving and driving while disqualified are also offences a lawyer should assist you with- never accept an offer of resolution on these matters without speaking to an experienced lawyer first; these matters are fact driven and they need to be fully examined. Employers and community organizations are increasingly aware that they are exposed to liability when people are operating their vehicles and equipment, the consequence of a criminal conviction of one of the above offences can have a consequence beyond your immediate ability to drive. The lawyers of Phillips Manucci have taken on these cases often, we know what to look for in disclosure and we know how to draft proper argument to present to prosecutors in the negotiation process and argue in the trial process. There are times when the police have not made mistakes that are fatal to the case- the Crown can prove the offence and having someone who can effectively prepare for a sentencing for you and articulate and explain to a prosecutor or a Judge what was going on in your life at the time of the offence and your personal circumstances very well might be your best move in the situation. Whether you have been charged and you are looking for a consultation, preparing to negotiate with the Crown or preparing to go to trial or a sentencing on a driving related offence- let Phillips Manucci assist you on the matter.