Similar Posts

  • Can I Still Drive While Waiting for a DUI Trial in Alberta?

    Immediate Roadside Sanctions vs. Criminal DUI Charges in Alberta If you are accused of impaired driving, one of the first questions you may ask is if you are still allowed to drive before your court date. The answer depends on what happened at the roadside and what steps you took afterward. Not every impaired driving investigation leads to criminal charges. In Alberta, some drivers receive only an administrative penalty through the Immediate Roadside Sanction system (IRS), while others receive the IRS and face criminal charges under the Criminal Code. You are more likely to face criminal charges if you have a previous impaired driving incident on your record or if the incident involved bodily harm or death. If you only received the Notice of Administrative…

  • What Happens When You Receive a SafeRoads Immediate Roadside Sanction in Alberta?

    If you receive an Immediate Roadside Sanction (IRS) in Alberta, the consequences begin immediately. Your vehicle may be seized, and your licence is suspended on the spot. You have only seven days to start an appeal, and acting quickly can make a significant difference in protecting your driving privileges. Being pulled over and issued an Immediate Roadside Sanction is one of the most stressful experiences you can face as a driver. In a matter of minutes, your vehicle may be towed, your licence taken, and your daily life disrupted. You may be thinking about your job, your family responsibilities, and how you will manage transportation starting tomorrow. Understanding what happens next can help you respond more effectively. The Consequences Are Immediate The word “immediate” in…

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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…

  • Alberta Impaired Driving Law Changes of December 18, 2018

    The changes the federal government made on December 18, 2018 are arguably the most radical changes since 1969, when breath-testing for alcohol on a large scale became possible and the offence of “over 80” made its debut in the Criminal Code. For the first time, police can require a motorist, under pain of prosecution, to provide a sample of breath into a screening device without having any reason to believe the person is under the influence of alcohol or even suspect the person has consumed alcohol. The request can be purely random. Police already had the ability to stop any motor vehicle at will – all the police have to say is that the stop is to check for documents or the driver’s sobriety. Coupled…

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