Is it possible to get charged with a DUI while parked? | Experienced DUI Lawyer in Newmarket and Toronto

July 21, 2021

Many Canadians would be surprised to learn that you can be arrested, prosecuted and convicted of impaired driving even when they are not physically operating the vehicle. As an experienced DUI lawyer in Newmarket, I can help you strengthen your case and prepare you for all potential scenarios.

Being arrested for impaired driving while sitting in your car in your driveway, a parking lot or on the side of the road is a more common occurrence than you might think. In the Canadian Criminal Justice System, it is prohibited for anyone to control a vehicle while they are impaired either by the influence of alcohol, drugs or a combination of both substances.

You need an experienced DUI lawyer in Toronto who is skilled in the areas of impaired driving and who understands the intricacies of Canadian Law and how to negotiate with the Crown to minimize the impact of the offence.

Understanding the basics of drinking and not driving under the Canadian Criminal Code

The official charge for drinking while inside a motor vehicle, vessel, aircraft or railway equipment is under the Operation While Impaired under the Criminal Code that can further be explained as such:

Section 253 (1) An individual committing an offence who operates a motor vehicle or vessel or assets in the operation of an aircraft or railway equipment, or is in the care and control of those modes of transportation, whether is in motion or not,

While the operator’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by the presence of alcohol or drugs; or
The operator’s blood exceeds eighty milligrams of alcohol within one hundred millilitres of blood.

What is ‘Care and Control’ in terms of a DUI charge?

The term ‘care and control’ has been the source of litigation in the last decades within Canada’s criminal courts. The core meaning of the term is shortened from Canada’s Supreme Court that asks the question, “Does a drunken person’s interaction with a motor vehicle, regardless of whether they are driving it or not, pose a risk of danger to people or property?”

Care and control can be proven by showing that an individual was either driving the motor vehicle or has taken an action in which they would put the car in motion. Even if an impaired person that is under the influence of alcohol, drugs, or both substances, is sitting in the driver’s seat with a fully reclined chair and keys in a pocket, they still have the potential to be charged.

Understanding the basis of ‘care and control’ is much more efficient when using a professional lawyer that can work with you to strengthen your case. Semyonov Law will carefully handle intricacies involving the federal Criminal Code, the provincial Highway Traffic Ace, police procedures and the appropriate evidence that is brought to trial.

What the Crown attorney needs to prove for an individual to get charged

When charged with impaired driving care and control, the proof will lie with the Crown attorney who must demonstrate beyond a reasonable double all of the following circumstances:

That the driver had care and control
That the motorized vehicle was put into motion
That the accused was in the driver’s seat with the intention of putting the vehicle into motion
That the driver had accessible possession of the keys

If any of the above statements are found not to be true, the individual charged will have a higher chance of a positive outcome.

How long does a DUI stay on your record in Ontario?

A criminal record will maintain your name, offence committed, and fingerprints within the RCMP database. A DUI can stay on your criminal record permanently if you are convicted in court.

If you have not committed any further offences and meet certain eligibility requirements, you may be able to apply for a record suspension. A record suspension ensures that your record will not be accessible to employers, landlords, etc. who are looking it up – allowing you to have a fair shot at employment and educational opportunities. You may be eligible for a record suspension no less than five years after the original DUI charge.

Charged with an Impaired Driving Charge? Call today for expert legal advice!

Since impaired driving charges are detailed and technical, it is imperative that you seek a criminal defence lawyer who has represented hundreds of clients in sensitive impaired driving charges. Mr. Semyonov has successfully represented numerous clients by having their charges either reduced or dismissed.

Contact Semyonov Law 24/7 to help you with your DUI case and sort out the legalities of the Canadian criminal justice system.

Bail Hearings and Sureties in Ontario, What You Need to Know for Success | Experienced Domestic Defense Lawyer in Toronto and Newmarket

May 6, 2021

A bail hearing serves critical importance in every stage of a case.

The failure to make bail can exert large consequences on innocent Canadians to plead guilty to charges they did not commit. A successful bail results in liberty, peace of mind and knowing you have a favourable future. Mr. Semyonov is an experienced domestic defence lawyer in Toronto that has extensive experience in legal areas including bail hearing, DUI cases and sexual assault matters.

Mr. Semyonov is a prudent DUI lawyer in Toronto, and our law firm will leverage your individual case in creating an effective and strategic defence for a favourable outcome. He will additionally appear on behalf of you at every court and tribunal appearance, allowing you to focus on your work and family, and not on your pending case.

If you or someone you know has been arrested, we provide you with a guide on everything you need to know about Ontario bail hearings.

What is the purpose of a bail hearing?

Upon an individual’s arrest, they may be released pending the first court date, or be kept in custody. If kept in custody, the accused must be brought forward before a justice within 24 hours for a bail hearing, or for some specific criminal charges, a detention order will be placed in a detention order, for which the accused can apply for a bail hearing before a judge.

If I have not been granted bail, can I apply for a bail review?

Applying for a bail review requires the filing of materials at the Superior Court including a copy of the transcript of the original bail hearing. The time and expense needed to ensure that all materials and documents are in order will take several weeks and large financial costs, so it is vital that you enlist the help of a trusted criminal defence lawyer to advise you on your best course of action and alleviate the complexities of your bail hearing.

What happens when you are held for a bail hearing?

At the time of the bail hearing, the Crown will determine if the accused will be released from custody for the period preceding the trial. The purpose of a bail hearing is for the Crown to ‘show cause’ on why the accused should not be granted release before the assigned court date. Under section 515 of the Canadian Criminal Code, an accused individual will be released pending trial unless the prosecutor proves why detention under three grounds;

The primary ground; to ensure the accused’s attendance in court,
The secondary ground; for the protection and safety of the public,
The tertiary ground; to maintain confidence in the administration of justice.

However, under section 515.6 of the Canadian Criminal Code, the onus is reversed and the accused must provide proof why they should not be detained preceding their trial date. One example might include the onus on the accused where they are charged with failing to comply with a condition of a recognizance or undertaking, while they were on release for an earlier charge that is still pending.

What is a surety?

The chances of an individual being granted bail are increased when they have a responsible surety that can ensure the individual is punctual and abides by all the rules and regulations that have been set.

A surety must be a responsible individual that understands the significance of ensuring that the accused acts responsibly, following rules implemented by the court. The act of being a surety should not be taken lightly, and it is only approved by an esteemed judge if they believe you are properly suited for the duty.

A surety is an individual who is approved by the court to supervise a person who is facing criminal charges. They have two main responsibilities:

To ensure that the accused follows the rules of the bail;
To ensure that the accused attends court when required.

A surety is expected to call the police if the accused refuses to attend court dates, or breaks the rules that have been implemented in court. Additionally, a surety is also required to call the authorities if the accused refuses to attend court from the jurisdiction.

If you have been accused of a criminal charge, you need a reliable criminal defence lawyer in Toronto!

If you have been accused of a criminal charge, your bail hearing is an imperative step in the criminal court process. At Semyonov Law, we will appear in court on your behalf to strengthen your case and ensure that all documents are properly presented. We can help you throughout the process, every step of the way.

Tag: DUI lawyer Toronto