What is Automatism? At common law, automatism is “a state of impaired consciousness, rather than unconsciousness, in which an individual, though capable of action, has no voluntary control over that action.”[1] To secure a conviction, the Crown must prove beyond a reasonable doubt not only that the criminal act was committed, but also that it …
The standard for demanding a roadside drug test in Canada is higher than for a roadside breath test. On December 18, 2018, our laws changed to remove the requirement that police must have ‘a reasonable suspicion that a driver consumed alcohol’ before demanding a roadside breath test. As a result of this change, police can …
Police need Reasonable Suspicion for a Roadside Drug Test Read More »
In Canada, police don’t need a reason to make a preliminary demand for a breath sample to test for alcohol if you’re lawfully pulled over for a roadside check. However, the requirements are different for drug testing: police need a reasonable suspicion that you have consumed drugs before they can make a demand for an …
Hefty Penalties if you refuse to Provide a Sample at a Roadside Check Read More »
Amendments to Canada’s impaired driving laws became effective today, and are intended to simplify and modernize drunk driving laws. Legislators believe that the changes will help deter drunk driving and make it easier for the Crown to prove alcohol concentration for persons who are charged with being over the legal limit. The changes are also …
Mandatory Roadside Testing will make it easier for Police to detect Drunk Drivers Read More »
In a 2018 trial, R. v. Subramaniam, drunk driving charges were dismissed against a man who was under the influence of alcohol when he was discovered in the driver’s seat of a stopped car. A tow truck driver phoned police when he came upon a disabled vehicle at the side of a Hwy 401 off-ramp …
Occupant in stopped Car is found ‘not guilty’ of DUI despite registering ‘over 80’ Read More »
In a 2016 trial, an Ontario Court heard the appeal of a 2015 summary conviction decision which found a man ‘guilty’ on the charge of refusing to provide a breath sample and ‘not guilty’ on the charge of impaired driving. The accused man appealed the guilty verdict on the grounds that the 2015 verdicts were …
In a 2016 trial, R. v. Moore, a man was tried summarily on charges of impaired driving and ‘over 80’ (for operation of a motor vehicle with a blood alcohol concentration exceeding 80 milligrams of alcohol in 100 millilitres of blood). The charges arose after a driver was pulled over in connection with the R.I.D.E. …
Rights Matter: Breath evidence excluded after turban not returned By Katrina Trask Last week, Justice Copeland of the Ontario Court of Justice issued her decision in R. v. Singh, 2016 ONCJ 386, a case involving an observant Sikh, Mr. Sardul Singh, charged with impaired driving. Mr. Singh’s turban fell off when it contacted the doorframe of …
Rights Matter: Breath Evidence excluded after Turban not returned Read More »
An arrest for driving under influence of drugs or alcohol cannot be made on the basis of a police officer’s hunch. Before making an arrest, an officer must have reasonable grounds to believe that an offence has been committed. In cases of driving while impaired by drugs, if the officer is unable to form these …
A DUI Arrest cannot be based on an Officer’s Hunch that a Driver is Impaired Read More »
A Hit and Run infraction is when a motorist comes into physical contact with another motorist, pedestrian, cyclist, other vehicle, property or structure, and then flees the accident scene. When it comes to accidents, whether the driver was at fault or not, it is their legal and ethical duty to remain at the scene. The …
The Law Firm of Ted Yoannou Toronto Criminal Lawyers represent clients charged with criminal offence in various courts across southern Ontario, including the Greater Toronto Area and the regions of York, Peel, Durham, Simcoe and Halton, with respect to all criminal related offences and many quasi-criminal matters including highway traffic offences.
Phone: (416) 486-2200
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