R. v. J.B., Impaired Operation of a Conveyance Contrary to, Section 320(14) of the Criminal Code of CanadaPage last modified: May 13 2022
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J.B. was charged with Impaired Driving, more formally known in Law as Impaired Operation of a Conveyancec contrary to section 320(14) of the Criminal Code, R.S.C. 1985, c. C-46. Upon being arrested, the motor vehicle being operated by J.B. was towed and impounded and a statutory 90-Day Adminitratice Driver's Licence Suspension was issued to J.B. pursuant to section 48.3(2) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "HTA"). J.B. did not possess any prior criminal record and held a G2 Class Novice Driver's Licence on the date of the alleged offence. The Crown was initially seeking a guilty plea to the charge as alleged with .a period of 30-days incarceration.
After extensive pre-trial discussions, and upon Defence Counsel demonstrating mitigating various mitigating factors and evidentiary difficulties, the Crown became amenable to a more favorable reoslution position. Defence Counsel was successfully able to negotiate a guilty plea to a Careless Driving charge contrary to section 130(1) of the HTA. In addition, and in this particular case, a second charge of Novice Driver Exceed 0 Mg Blood Alcohol (BAC) pursuant to section 44.1(3) of the HTA was also added as part of the negotiated resolution.
The Careless Driving conviction carried a fine of $1,000 plus court costs and vicitm fine surcharges and six (6) demerit points. The Crown was content because the conviction triggered a 90-Day Novice Driver Escalting Sanctions Licence Suspension pursuant to Ontario's Demerit Point System O. Reg. 339/94, due to a second occurence for exceeding the permissible threshold of Demerit Points. The added Novice Driver Exeed 0 Mg BAC charge and conviction carried a fine of $500.00 plus court costs and victim fine surcharges. This would normally have triggered an escalating sanctions drivers' licence suspension itself; however, due to the fact that both offences occured on the same offence date, JB was not subject to any further escalting sanctions driver's licene suspensions. J.B. was initially facing a serious criminal offence which was reduced to a less serious regulatory HTA offence.
Aftert contacting ImpairedDriving.Legal and receiving a free lawyer referral and consultation, J.B. retained one of our experienced referral lawyers. In doing so, J.B. was able to avoid a conviction for a serious criminal offence, a criminal record and a jail sentence, among other possible consequences.