“Over 80” and “Driving with Excess Blood Alcohol” are the same thing. Specifically, they are a criminal charge, and refer to an accused person who has operated a motor vehicle with more than 80 milligrams of alcohol in their blood. We often hear people say, “I wasn’t drunk. How could they charge me with Driving with Excess Blood Alcohol?”
Every person has specific legal rights when charged with a criminal offence. It does not matter if the criminal offence is minor, like “Theft Under $5,000” or more serious, like “Manslaughter”. Unfortunately, many people are unaware of their rights. If you are ever detained or arrested in relation to a criminal offence, it is crucial, that you exercise your rights.
Being charged with a criminal offence is a stressful and emotionally taxing experience. An arrested party can either be charged and released, or charged and held for a bail hearing. Section 11(e) of the Canadian Charter of Rights and Freedoms states that a “detained” party has the right to reasonable bail, unless there is a just cause why the party should be detained in custody.
So it’s that time of year, the holiday season is quickly approaching. Sooner than you know it, you’ll be going to Christmas parties, shopping at the mall and doing all the other fun stuff that is associated with Christmas. With that in mind, there’s a common thread that runs through all of these things: alcohol.
Every individual charged with a criminal offence will receive a “disclosure” package. The primary purpose of disclosure is to ensure that an Accused party knows the case to be met, and is able to make full answer and defence. Generally, the Crown has an obligation to disclose all information in its possession and control unless said information is clearly irrelevant or subject to a claim of privilege.
With the abundance of lakes and rivers that we have in Ontario, boating is a common past-time enjoyed by many. Whether for fishing, water-skiing, or plain relaxing, being on a boat is a great way to spend a hot summer day. However, this is where some get a bit too comfortable. Hot summer day, you said? Why not bring some ice cold beers along for the boat ride? Wrong! There is a lot more to it.
It’s quite a common occurrence. You go out with your friends, and the alcohol and the partying flows late into the night. You, being a responsible adult, have pre-planned and spend the night at a friend’s place or have booked a hotel room. You wake up in the morning or early afternoon, grab a coffee, and decide to head home. Unfortunately, you might not have waited long enough!
R. v. C.B. - Client was charged with “Theft Over $5000” with a co-accused in relation to their employer (i.e: breach of trust scenario). After extensive review of the disclosure, we were able to demonstrate that the client’s involvement was minimal. As a result, the charge was marked withdrawn.