Ever thought what could go wrong if someone drives a vehicle after drinking? What would be the consequences of this criminal act in Canada? Precisely, this crime is referred to as an impaired driving or “over 80” that imposes serious obligations to the convict. Not only does it impose financial consequences but also cause personal inconvenience in one way the other.
What the law says?
There is a separate section i.e. Section 328A in the Criminal Code that clearly states the proceedings of this dangerous operation of a motor vehicle. First of all, when a person convicts or has any sort of involvement in the operation of a vehicle after drinking, he/she will either be charged with 3 years of imprisonment or 200 penalty points. If the person is under the control of any intoxicating substance or drives the vehicle at unlawful speed, then he/she must be ready for the results. In another condition, if the person was convicted of the crime before, then the maximum penalty is 5 years of imprisonment or 400 penalty points.
The law also explains that when a person is involved in dangerous operation of a motor vehicle in any place, leading to death, then he/she is convicted on indictment either for 10 years or 14 years of imprisonment. When the convict knows that the other person was injured or killed due to mishandling of the vehicle, then he/she must have to spend 14 years in imprisonment along with providing medical or other help.
What the police has to prove?
When the police is involved in the case, they have to collect evidences on the following matters and present before the court:
- Operated motor vehicle
- Place and intensity of crime
- Situation
- Result of the crime- death, injury
- Adverse effects of alcohol
Penalty
The maximum penalty against dangerous operation of a motor vehicle differs from one case to the other. It depends upon the intensity of the crime and whether the other person is injured or killed.
Type of the Court
These types of cases are usually heard by the District Courts because of their knowledge about local rules and regulations. Dangerous Driving simpliciter are handled by the Magistrates Court.
Possible Defenses
For a dangerous operation of a motor vehicle, possible defenses include:
- Convict wasn’t driving the vehicle
- Wasn’t involved in a road race
- Didn’t show disregard to the injured
- Didn’t GBH or cause death to the injured due to an intervening cause
Once everything is clear about impaired driving and what it takes for the lawyers to dealt with the case, the person can collect enough evidences to defend him/herself.
