Over 80 Blog

Over 80 Judgment for Federoff Culver

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Case Name:

R. v. Culver

Between

Her Majesty the Queen, and

Federoff Culver

[2012] O.J. No. XXXX

Ontario Court of Justice

Barrie, Ontario

N.A. Smith J.

Oral judgment: January XX, 20XX.

(49 paras.)

Counsel:

R. Windor, Counsel for the Provincial Crown.

T. Pain, Counsel for Federoff Culver.

 

 

REASONS FOR JUDGMENT

1 N.A. SMITH J. (orally):— Mr. Culver is charged that on or about the 15th day of April 2011, at the City of Barrie in the said Region, while his ability to operate a motor vehicle was impaired by alcohol, did have the care or ...

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Police starting to get over 80-investigations right

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When obtaining breath samples from a suspect during an over 80-investigation the police must comply with numerous legal requirements in order for those breath sample results to be admissible in court.  The fact of the matter is that many police officers are simply not aware of all their legal obligations during the course of an over 80-investigation.  The failure to carry out these legal obligations is the battleground upon which most over 80-trials are fought and won.  Many of the ...

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Offers of Pleas to Careless Driving Being Phased Out

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Generally speaking, there is little room for plea bargaining when you’re facing a charge of over 80 or impaired driving.  In most cases this means that you’re being offered nothing for foregoing your right to a trial and pleading guilty to an impaired driving or over 80 charge.  The law sets out mandatory minimum sentences and the Crown Offices generally have a strict policy against reducing impaired driving and over 80 charges in exchange for a guilty plea.  Therefore, in ...

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You could lose your licence even if you’re not over the legal limit.

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3 Day Suspension for a Warn or Alert Range

In Ontario, if you’re stopped by the police and breath tested, you may find yourself facing consequences even if you blow below the legal limit. That’s right. If you blow below the legal limit but the roadside machine displays a reading in the ‘warn’ or ‘alert’ range, though you likely won’t be charged with a drinking or driving offence (such as impaired driving or over 80), you will ...

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Understanding Ontario’s Drinking & Driving Laws

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What’s the difference between ‘impaired driving’ and ‘over 80’?  If I’m not actually driving, can I still be charged with a ‘drinking and driving’ offence?  What are the consequences of being found guilty of ‘drinking and driving’?  Is this really a criminal offence?  These are the types of questions that a person will start to ask once he or she been charged with a ‘drinking and driving’ offence.  There are many misconceptions out there amongst the general public ...

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Ignition Interlocks: Consequence of an Over 80 Conviction

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The ignition interlock device is used to monitor and control someone convicted of ‘drinking and driving’.  But to the person who has been convicted of ‘drinking and driving’, it is another harsh reality that must be dealt with.  In this article, I explain when it comes into play and how it basically works.

http://www.torontocriminaldefence.com/articles/EpZuVVuFAENBcCuQtM.php

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How Drinking & Driving Charges Are Defended

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If you’ve been charged with drinking and driving, chances are the police have evidence of your blood alcohol concentration.  You might be wondering whether it’s even possible to defend yourself against such a charge in this situation.  Despite the police having such evidence, such charges can be and are successfully defended.  In this article, I explain how this is done.

http://www.torontocriminaldefence.com/articles/EpZuVVukpuLCCAuCFG.php

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