Winnipeg DUI Lawyer
Know your rights. Know the law. Protect Yourself.
Winnipeg’s DUI Lawyer
Impaired Driving or DUI charges often affect individuals with no previous experience with the criminal justice system. Get a DUI lawyer to protect you!
Pleading guilty can result in severe consequences that you need to be aware of.
Manitoba has some of the strictest laws in Canada, with respect to Impaired driving. You may face:
- criminal record
- lengthy driving prohibitions
- large fines
- and jail time
There can be further consequences imposed by Manitoba Public Insurance, and U.S. border services. The impact on employment and your liberty can be severe.
IMPAIRED DRIVING LEGISTLATION IS A COMPLEX, TECHNICAL AREA OF THE LAW
Legislators have put a substantial amount of law designed at addressing impaired driving related offences into effect. 62 pages of the Criminal Code are devoted to impaired driving, compared to the 19 pages that cover murder. This highlights the need for defence counsel to have experience and knowledge about both existing legislation and the most recent interpretation of that law that has come through the courts at every level, from the Manitoba Provincial Court to the Supreme Court of Canada.
IMPAIRED DRIVING RELATED OFFENCES IN MANITOBA
One of the unique aspects of impaired driving law is that the people who end up being charged have often had little to no exposure to the criminal justice system.
The questions that arise when someone has been charged with an impaired driving-related offence typically include:
1. Should I fight my charge, and how much will this cost?
2. Am I going to jail?
3. Will I get a criminal record, and how could this affect me?
4. Will I lose my license, and will my insurance be affected?
Before any of these questions can be answered, it is important to distinguish among the possible charges that one may face. These are often referred to as “impaired driving” charges.
Impaired Driving Charges
Impaired driving charges come in many forms and under many names:
–Driving Under the Influence (DUI).
–Drive Over .08;
–Drive Over 80.
These charges are often accompanied by related charges of:
–Refuse to Provide Breath Sample, etc.
*Impaired Driving by Drugs and Narcotics is a related offence that has unique elements and is dealt with separately below.
SHOULD I FIGHT MY CHARGE, AND HOW MUCH WILL IT COST?
While it is impossible to give an informed opinion on how one should proceed with a criminal charge without a consultation to review the unique circumstances of a particular case, determining how to proceed when faced with an Impaired Driving charge should weight the benefits against the cost.
The Cost of Pleading Guilty
Regardless of the particular circumstances of a case, the law imposes mandatory minimum sentences for any conviction or guilty plea.
THE MINIMUM SENTENCE AVAILABLE IN MANITOBA TO ANYONE WHO PLEADS GUILTY TO IMPAIRED DRIVING IN MANITOBA WILL INCLUDE:
• CRIMINAL RECORD;
• MINIMUM $1,000.00 FINE;
• MINIMUM ONE-YEAR DRIVING PROHIBITION.
A conviction for Refuse Breathalyzer carries a higher minimum fine and a longer minimum driving prohibition (two-year minimum).
There are other factors that can increase the minimum sentence that a judge is required to impose. For example, if the Crown proceeds by way of a second Drive Impaired charge and you plead guilty, you are subject to a MINIMUM 30 DAYS PRISON SENTENCE.
The Cost of Fighting an Impaired Driving Charge
There is NO COST and obligation attached to the FREE CONSULTATION offered by Matthew Gould, Winnipeg DUI Lawyer at Brodsky & Company. The FREE CONSULATION for an Impaired Drive charge analysis and evaluation is designed to provide the necessary information to make an informed decision on how to proceed.
The free consultation allows Matthew Gould to assess the strengths and weaknesses of the case against you, and explains the options available in a specific case. The analysis also provides an estimate of the cost of pursuing various options.
*IMPAIRED DRIVING BY DRUGS AND NARCOTICS
Changing Drug Laws
The field of “Impaired by Drug” is extremely significant due to the emerging changes in Canada’s marijuana laws. Legislative proposals to enhance drug-impaired driving investigations are currently underway.
Impaired Driving Charges Can Include Drugs
It is important to understand that IMPAIRED DRIVING CHARGES ARE NOT LIMITED TO DRUNK DRIVING. The Royal Canadian Mounted Police’s webpage (www.rcmp.gc.ca) clarifies matters: Anyone who operates or is in care and control of a car, truck, boat, etc., “whether it is in motion or not,” may be subject to an evaluation if a police officer has reasonable grounds to believe that he or she has been consuming drugs. “Drugs” may include prescription drugs or a combination of alcohol and drugs. Just as refusing a breathalyzer results in criminal charges, so too does refusing to comply with or quitting an drug evaluation. Those criminal charges “have the same penalties as driving while impaired.”
The Drug Evaluation
Once someone undergoes a drug evaluation, that person is subjected to sobriety tests that measure such things as pupil size and blood pressure. He or she will also be required to give a bodily sample that may include an oral fluid, urine, or blood if the evaluator determines that the person is impaired due to a drug category or the combination of drugs and alcohol. Should the sample confirm the findings of the evaluator, the individual will be charged under the Criminal Code. If the person refuses to give the evaluator a sample, he or she will receive “criminal charges that have the same penalties as impaired driving.”
Matthew Gould’s FREE CONSULTATION for impaired driving by drugs and narcotics charges allows him to provide you with an assessment of the strengths and weaknesses of the case against you. It comes with no obligations and lets him explain the options that are available to you in your specific case. Contact Matthew Gould today for your free consultation with a Winnipeg DUI lawyer.
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