There is actually no such offence as “drinking and driving”; there are offences though that fall under this umbrella. These include: Impaired Driving, Over 80, and Refuse to Provide Breath Sample. These, and other offences, are listed in the Criminal Code of Canada: http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html. Further relevant provisions can be found in Ontario Highway Traffic Act : http://www.canlii.org/en/on/laws/stat/rso-1990-c-h8/latest/rso-1990-c-h8.html
Using the offence of “Impaired Driving” as an example, the Crown must prove that (a) the defendant operated a motor vehicle, (b) the defendant intended to operate a motor vehicle after consuming alcohol/drugs, and (c) the defendant’s ability to operate a motor vehicle was impaired by alcohol/drugs.
It is not a criminal offence to operate a motor simply because you have consumed alcohol (unless of course, you are committing the offence of “Over 80”). It is only an offence to operate a motor vehicle if your ability to operate the vehicle is impaired. The Court will consider both your physical and mental ability to operate the vehicle: steering, braking, changing lanes, judgment, perception, etc. In law, you are “impaired” when you are operating the vehicle with less ability than an ordinary, careful driver would in similar circumstances. The Court will look at all of the circumstances including: the manner in which you drove, physical and mental symptoms, conduct and appearance, the smell of alcohol, and any test results.
Candidates who are nominated for consideration are voted on by currently recognized lawyers working in the same practice area and located in the same geographic region. Our awards and recognitions are based purely on the feedback we receive from these top lawyers.
A criminal record can have lifelong ramifications. Don't take a chance with an inexperienced attorney. I will fight to get your life back as I have done with countless others before you.