DWI on suspended license

Concerned
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DWI on suspended license

by: Concerned on
Mon Jan 09, 2017 11:08 am

Ok so my brother in law was caught the other day after he drove into a ditch for driving while having a suspended license. His license was suspended due to a seizure he suffered months ago. So not only was his license suspended but he was found to have a BAC of 3x the legal limit. He is scheduled to appear in court on January 17 2017. I have done research and I can find info about driving with a suspended license or DUI but not both. I am concerned about what penalties he may face etc. Thank you in advance!


jsherk
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by: jsherk on
Mon Jan 09, 2017 11:40 am

Well both are very serious so he might want to get a lawyer!

I would recommend that he NOT plead guilty to either, and that he should plead not guilty, ask for a trial and ask for disclosure (copy of officers notes).
+++ This is not legal advice, only my opinion +++


OTD Legal
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by: OTD Legal on
Mon Jan 09, 2017 2:07 pm

Concerned wrote:Ok so my brother in law was caught the other day after he drove into a ditch for driving while having a suspended license. His license was suspended due to a seizure he suffered months ago. So not only was his license suspended but he was found to have a BAC of 3x the legal limit. He is scheduled to appear in court on January 17 2017. I have done research and I can find info about driving with a suspended license or DUI but not both. I am concerned about what penalties he may face etc. Thank you in advance!
Was he charged under the Criminal Code of Canada for Impaired Driving or Over 80, and/or under the Highway Traffic Act for Driving Under Suspension?
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


Concerned
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by: Concerned on
Mon Jan 09, 2017 2:30 pm

I am not sure.... he is currently estranged from the family and we only get parts of the story. I would assume he has been charged but only because he has to appear in court but I cannot confirm with what he has been charged.


OTD Legal
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by: OTD Legal on
Mon Jan 09, 2017 4:16 pm

Concerned wrote:I am not sure.... he is currently estranged from the family and we only get parts of the story. I would assume he has been charged but only because he has to appear in court but I cannot confirm with what he has been charged.
Unfortunately without more specific information, it is hard to comment.

If he's only been charged with Drive Under Suspension, a concern would be that the Crown would take the involvement of alcohol as an aggravating factor and seek out more aggressive penalties. These offences can result in up to a 6 month period of imprisonment:

"53. (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1)."
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


lolwut
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by: lolwut on
Mon Jan 09, 2017 4:55 pm

Sounds like he was charged with Impaired Operation and Operation over 80. Wouldn't be surprised if they also tacked on Dangerous Operation, all three of which are criminal charges.

These cases are highly complex. He'll want to get a lawyer to represent him.




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