Similar Posts

  • No Traffic Trials – Who Saw That Coming?

    There has been a lot of attention lately on traffic ticket trials – or, rather, the disappearance of them[1]: This is not actually new. The NDP brought in the legislation that allowed this to happen. The Conservatives implemented it in three phases. Impaired driving cases were the first to go. The government began by both charging and giving an administrative sanction (also known as a Notice of Administrative Penalty, also known as an Immediate Roadside Sanction and referred to as an NAP or IRS for short) to those stopped for impaired driving-related offences. Then, in December 2020, moved to just administrative sanctions. The idea is that the government can get all the revenue from fines without having the expense of trials and police officers give…

  • What to Know About the Ignition Interlock Program in Alberta

    If you are required to use the Ignition Interlock Program in Alberta, you must install a device in your vehicle that prevents it from starting or continuing to run if alcohol is detected. The program has some ongoing costs and practical limitations, including restrictions on which vehicles can be equipped. Understanding how the system works will help you plan and avoid unexpected challenges. Understanding the Interlock Program If you are dealing with a SafeRoads Alberta sanction, you may be required to participate in the Ignition Interlock Program. This program allows you to regain limited driving privileges after a suspension, but it comes with important rules, costs, and practical considerations. Understanding these details will help you avoid surprises and make better decisions about your transportation. What…

  • What to Know Before You Plead Guilty to Impaired Driving

    Why You Should Think Carefully Before Pleading Guilty You may feel overwhelmed, embarrassed, and eager to put an impaired driving charge behind you.  In that state of mind, pleading guilty right away may seem like the responsible thing to do. One of the biggest misconceptions surrounding impaired driving charges is the belief that no one ever wins these cases. Friends, relatives, or acquaintances may tell you there is no point in fighting the charge. While they mean well, they are not reviewing the evidence, police procedures, or legal issues that could affect the outcome of your case. Every impaired driving case is different. A lawyer can examine how the investigation was conducted, if your rights were respected, and if there are any weaknesses in the…

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    What Counts as Impaired Driving in Alberta?

    What Does the Law Consider Impaired Driving? You may have heard people say that driving while tired is the same as driving while drunk. While fatigue can affect your reaction time and judgment, that statement does not accurately reflect Canadian law. Knowing what qualifies as impaired driving will help you understand your legal responsibilities and the risks you face when you get behind the wheel. The law is focused on the cause of the impairment and the degree to which your ability to drive was affected. Fatigue Is Not Impaired Driving Under the Criminal Code Driving while extremely tired is dangerous and may put you and others at risk. However, fatigue by itself does not meet the legal definition of impaired driving under the Criminal…

  • Language Rights in Alberta

    I was sitting in court on Friday, waiting for the Court of Queen’s Bench Appearance Court to start when the presiding justice, Chief Justice Moreau, played a recording for everyone. The recording outlined, in French and English, how everyone has the right to have their trials conducted in either of the official languages. This was new! Some people in court appeared surprised but this is just the latest positive change we are seeing for language rights in Alberta. In an 18 page decision, R v Vaillancourt (written in French and issued on November 12, 2019), Mr. Justice Ouellette had recently held that the s. 530 rights of my client had been violated. Section 530 of the Criminal Code has been in place for years but…

  • How Are Criminal Charges Classified in Alberta?

    Criminal charges in Alberta fall into three categories: summary, indictable, and hybrid offences. Hybrid offences are the most common and allow the Crown to choose how to proceed based on the seriousness of your case. Understanding how your charge is classified helps you know what to expect in terms of penalties, court process, and legal strategy. How Will Your Charge be Classified If you are facing criminal charges in Alberta, one of the first things you should understand is how your charge is classified. The classification affects how your case moves through the court system, the potential penalties you face, and the choices available to you. There are three main types of criminal offences: summary offences, indictable offences, and hybrid offences. Summary Offences: Less Serious…

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