Impaired driving refers to the act of operating a vehicle while under the influence of alcohol or drugs, which impairs a person’s ability to drive safely. It is a serious criminal offence in Canada and is considered a major threat to public safety. Such charges can have severe legal and financial consequences, including fines, license suspension, and even imprisonment. Therefore, it is important to retain an experienced impaired driving lawyer who can help defend you.
Patrick C Fagan, K.C. has over 35 years of experience defending impaired driving offences prosecutions and has secured favourable verdicts for hundreds of clients in Calgary and across Alberta.
Defending Calgary Impaired Driving Charges
Impaired driving, also known as “driving under the influence,” is one of the most common driving offences charged under the Criminal Code of Canada. It refers to the act of operating a vehicle while impaired by drugs or alcohol. This includes driving with a blood alcohol concentration (BAC) of 0.08% or higher or with any amount of drugs or a combination of drugs and alcohol that impairs a person’s ability to drive safely.
If an individual exhibits signs of driving under the influence of substances like alcohol or drugs that impair their ability to drive safely, such as swerving on the road, the police may arrest and charge them for impaired driving. After the arrest, the prosecution must prove that the individual operated the vehicle and that they were voluntarily impaired by a substance (alcohol, drugs, or a combination thereof).
The prosecution may also upgrade the charges if the accused individual caused serious harm as a result of impaired driving, also known as impaired driving causing bodily harm or impaired driving causing death.
It is important to note that impaired driving charges can be contested in court, and individuals facing such charges are encouraged to seek legal counsel to defend their rights and minimize the impact of these charges on their lives.
35 Years Experience Ripping Apart Calgary Impaired Driving Charges
Patrick C Fagan, K.C., has helped hundreds of clients charged with impaired driving in Calgary and across Alberta to avoid severe fines and imprisonment. With more than 35 years of experience handling driving offences cases, he has a wealth of skill in defending clients’ rights and achieving not-guilty verdicts, even in the most complex and serious cases involving impaired driving.
Calgary man accused of impaired driving causing bodily harm – verdict: Supreme Court rules Constitutional rights were breached, acquitted of all charges
Regina v. Taylor 2014 SCC 50
Patrick C Fagan, K.C. and Kaysi Fagan successfully defended a man who was arrested for impaired driving after crashing his pickup truck and injuring three passengers. They argued their client’s rights had been violated under the Canadian Charter of Rights and Freedoms when the RCMP refused to let him contact a lawyer. The Supreme Court of Canada sided with Patrick C Fagan, K.C. and Kaysi Fagan and set an important precedent for the Constitutional rights of all accused to obtain a fair trial.
Calgary driver charged with impaired driving – verdict: charges withdrawn
Regina v. C.J.N. [Provincial Court of Alberta, Calgary – February 2014]
Patrick C Fagan, K.C. successfully defended his client, C.J.N., against an impaired driving charge and blowing over the legal limit. Patrick C Fagan, K.C., managed to have all charges completely withdrawn by showing that his client’s Constitutional rights had been violated.
What are the consequences of an impaired driving charge?
The penalties for impaired driving can include fines, license suspension, and even imprisonment. However, they vary depending on the severity of the offence, as well as other factors such as the offender’s prior record, the degree of impairment, and whether any accidents or injuries occurred.
For a first offence, an individual may face a fine of up to $5,000, a license suspension of up to one year, and up to 10 years in prison if the impaired driving causes bodily harm or death. A second offence may result in higher fines, longer license suspension, and longer prison sentences.
In addition to criminal charges, impaired driving can also have significant personal and professional consequences, including damage to one’s reputation, loss of employment, and difficulties obtaining future employment
Defences to impaired driving charges
There are several common defences to impaired driving charges, including:
- Challenging the evidence of impairment: The defence may challenge the reliability of the evidence used to prove that the accused was impaired at the time they were operating the vehicle, such as the results of a breathalyzer or blood test, arguing that it was obtained improperly or is inaccurate.
- Arguing that the stop was unlawful: Police must have a lawful reason to pull someone over and conduct a breathalyzer or blood test. The defence may argue that the stop was made unlawfully, and as such, any evidence obtained following the stop should be inadmissible in court.
- Providing a reasonable explanation for the behaviour: The defence may argue that there is a reasonable explanation for the accused’s behaviour that led to the charges, such as a medical condition that affected their ability to drive safely.
- Challenging the legality of the arrest: If the arrest was made unlawfully or without sufficient cause, the defence may argue that the charges should be dismissed.
Each case is unique, and the best defence strategy will depend on the specific circumstances of the case. With more than 35 years of experience, Patrick C Fagan, K.C. knows how to develop a successful strategy that best suits your case.
How Patrick C Fagan, K.C. Can Help You
Patrick C Fagan, K.C., is well-equipped to defend clients charged with impaired driving in Calgary and across Alberta. With extensive experience in achieving not-guilty verdicts, the firm understands the importance of meticulous attention to detail and unwavering defence of Constitutional rights. To learn more about how the Law Office of Patrick C. Fagan, K.C., can assist in impaired driving cases, clients can call 403-517-1777 or contact the office at firstname.lastname@example.org.