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Criminal Law · Ontario

A first impaired driving charge, from roadside to resolution

The immediate licence suspension is administrative. The charge is separate, and the two run on different clocks.

The situation

A driver is stopped, tested and charged, and leaves with a 90 day administrative suspension and a court date. They have never been through this and are trying to work out what has already happened to them and what has not.

Criminal Law

What the work involves

  1. Explain what the roadside suspension is, what it is not, and which deadlines are already running.
  2. Obtain and review Crown disclosure, including the breath technician's notes and the calibration records.
  3. Assess the Charter issues on the stop, the detention and the demand.
  4. Set the position for Crown pre-trial and prepare the matter for trial where that is the right course.

This describes the shape of a matter of this kind, not an individual client file. It is not legal advice, no outcome is implied, and how any particular matter runs depends on its own facts.

Other work

The first conversation

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