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).
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?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!
Unfortunately without more specific information, it is hard to comment.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.
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 driverÃ¢Â€Â™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)."
These cases are highly complex. He'll want to get a lawyer to represent him.