WHAT IS DISCLOSURE?
In the criminal context, disclosure includes just about anything the Crown prosecutor will be relying on at trial. In the administrative, SafeRoads regime, it includes the documents submitted by the [...]
IF I DO NOTHING, WILL THE NOTICE OF ADMINSITARTAIVE PENALTY RESULT IN A CRIMINAL RECORD?
No, if all you received was the Notice of Administrative Penalty (also known as the Immediate Roadside Sanction) under the SafeRoads regime, and you do nothing, you will not end [...]
WHAT IS THE DIFFERENCE BETWEEN SUMMARY CONVICTION AND INDICTABLE CRIMINAL CHARGES?
Some criminal code offences are called “hybrid” offences. Impaired driving, over .08 and refusal are all “hybrid” offences. This means the Crown has a choice of whether to proceed by [...]
WHAT IF I CAN’T MAKE IT TO COURT OR CANNOT LOG INTO THE SAFEROADS HEARING?
If your criminal matter is set for trial, call your lawyer immediately. If you don’t have a lawyer, call the courthouse and the Crown Prosecutor’s office. Be aware that, depending [...]
DO I HAVE TO ATTEND THE SAFEROADS HEARING IF I GOT A NOTICE OF ADMINISTRATIVE PENALTY?
You do not have to be present, but it is preferable that you attend, if possible. The hearing can take place without you but in case the SafeRoads Adjudicator has [...]
WHAT DOES A SAFEROADS HEARING LOOK LIKE?
The hearing in front of the SafeRoads Adjudicator is a half-hour virtual hearing which takes place over the Government’s preferred platform called WebEx (a program designed by Cisco). You will [...]
IF I HAVE BEEN CHARGED CRIMINALLY WITH IMPAIRED DRIVING, DO I HAVE TO BE PRESENT AT EVERY COURT APPEARANCE?
If you are a youth you must appear at all court appearances unless you have filed a designation of counsel. Even then, you should know that some courts will insist [...]
WHAT ARE THE TIMELINES WITH RESPECT TO THE NOTICE OF ADMINISTRATIVE PENALTY?
From the date that you received the Notice of Administrative Penalty you have only seven days within which to start your appeal. The Director of SafeRoads must offer you a [...]
HOW LONG WILL IT TAKE TO GO TO TRIAL?
From the time you put in a plea it will probably take, at the very minimum, three and a half months before the matter will come up again for trial. [...]
WHAT HAPPENS IF I AM FOUND GUILTY OF AN IMPAIRED DRIVING CHARGE OR THE NAP IS CONFIRMED?
The penalties will vary depending on if and when you were charged. If you were charged criminally, and you provided samples of breath, the minimum fine for readings between 80 [...]