Posts Tagged 'drinking and driving'

Case Name:
R. v. Birnbaum

Between
Her Majesty the Queen, and
Ralph Birnbaum

[2010] O.J. No. XXXX

Ontario Court of Justice
Hamilton, Ontario

Smith J.

Oral judgment: April 21, 2010.

(24 paras.)

Counsel:
Donna Robbins, counsel for the Provincial Crown.
T. Pain, counsel for Ralph Birnbaum.

1 SMITH J. (orally):– Ralph Birnbaum is charged with an offense under Section 253 (1)(b) of the Criminal Code of Canada, that is the operation or care and control of a motor Vehicle while having a blood alcohol level over the legal ...

ONTARIO COURT OF JUSTICE

HER MAJESTY THE QUEEN
v.
E.M.

**********

BEFORE HER HONOURABLE MADAM JUSTICE L. MARSHALL
on October 28, 2004, at TORONTO, Ontario

**********

APPEARANCES:
M. Brun Counsel for the Crown
T. Pain Counsel for the Accused

MR. PAIN: As your Honour is aware, the total delay is 13 months and 20 days in this case. I have broken down the delay as follows: The inherent time requirements I’ve attributed two months to that. The institutional delay is 10 months and 20 days, ...

Case Name:
R. v. D.C.

Between
Her Majesty the Queen, and
D.C.

[2003] O.J. No. 3803

Ontario Court of Justice
Reinhardt J.

August 1, 2003.
(37 paras.)

Charges: Impaired Over 80

Counsel:
W. Thompson, for the Crown.
T. Pain, for the accused.

¶ 1      REINHARDT J.:— This is a Charter Application being brought by the accused, D.C., with respect to the reasonable probable grounds of the officer – in this case Police Constable Dan Rohde, Badge 5170 from 11 Division, in stopping her vehicle and arresting her ...

Indexed as:
R. v. S.C.

Between
Her Majesty the Queen, and
S.C.

[1997] O.J. No. 5496
DRS 98-16337

Ontario Court of Justice (Provincial Division)
Scarborough, Ontario
Harris Prov. J.

July 4, 1997.
(11 pp.)

Criminal law Offences against person and reputation Motor vehicles Impaired driving Breathalyzer Delay in administering test.

This was a trial of the accused, C., on a charge of impaired driving.  C. was arrested, and arrived at the police station at 3:34 a.m.  He gave his first sample at 4:10 a.m., and his second ...

R. v. Reid
Between
Her Majesty the Queen, and
Tara Reid
[2010] O.J. No. 2222
2010 ONCJ 189
Ontario Court of Justice
Toronto, Ontario
M. Green J.
Heard: April 15-16, 2010.
Judgment: May 13, 2010.
(39 paras.)
Criminal law Criminal Code offences Offences against person and reputation Motor vehicles Impaired driving or driving over the legal limit Roadside screening test As soon as practicable or forthwith Accused found not guilty of driving while over the legal limit The ASD ...

Case Name:
R. v. Birnbaum

Between
Her Majesty the Queen, and
Ralph Birnbaum

[2010] O.J. No. XXXX

Ontario Court of Justice
Hamilton, Ontario

Smith J.

Oral judgment: April 21, 2010.

(24 paras.)

Counsel:
Donna Robbins, counsel for the Provincial Crown.
T. Pain, counsel for Ralph Birnbaum.

1 SMITH J. (orally):– Ralph Birnbaum is charged with an offense under Section 253 (1)(b) of the Criminal Code of Canada, that is the operation or care and control of a motor Vehicle while having a blood alcohol level over the legal ...

Most people don’t know they can be convicted of drinking and driving even if they are not driving a vehicle.  That’s just one indication of what you’re up against if you drink and drive in Ontario.

The offence of drinking and driving is defined in the Criminal Code to occur in two situations:  (1) where your ability to operate a motor vehicle is impaired, or (2) where the concentration of alcohol in your blood exceeds 80 milligrams of alcohol per ...

You’re pulled over by the R.I.D.E. program.  The officer smells alcohol on your breath and administers a roadside screening device test, which you fail.  You’re taken to the police station where a breathalyzer test is conducted.  Your readings are over 80 (that is, over the legal limit of 80 milligrams in 100 millilitres of blood).  You’re charged with drunk driving.  It appears to be an open and shut case.  You are charged with “over 80” and you were, in ...

Most are aware of the consequences that follow a conviction for drinking and driving.  Under the Criminal Code, there are fines, driving prohibitions and a criminal record to contend with.  If its your second offence, you’re going to jail.  Under the Highway Traffic Act, there’s the automatic 90-day licence suspension before you’re even convicted.  Then, upon conviction, your licence is suspended for at least one year and you can’t get it back without completing a lengthy and expensive remedial ...

This article originally appeared in the October 18, 2002, issue of The Lawyers’ Weekly

A client seeking immediate advice tells you that she was involved in a car accident. She tells you that there was serious damage to the other vehicle but she left the scene and several hours later when she got home, she found that the police had been there and left a message that they wanted to interview her. She wants to know what she should do. ...