R. v. Y.J.Y.

(Calgary, P.C. - DUI/Over 80). Impaired driving and its related offences (such as at/over 80 and refusing to blow) often impacts ordinary people whose daily lives definitely do not fit the definition of "criminal". In December 2020 the Alberta Government enacted administrative impaired driving penalties that permit our justice system to penalize potential impaired drivers without criminal prosecution. The upside is that the motorist is not at risk of criminal sanction; the downside is that the Government has enacted legislation that shortcuts many principles of basic adjudicative fairness. Additionally, at the time of writing this post, it appears that SafeRoads adjudicators are inclined to blanket ignore the Canadian Charter of Rights and Freedoms -- something judges are less likely to do in criminal prosecutions.  YJY had a number of very solid defences, including right to counsel and waiver of the right to counsel -- a pair of issues that apparently would receive no consideration in a SafeRoads adjudication. The point is, while SafeRoads eliminates criminal jeopardy, the exchange is that it appears to guarantee other jeopardy.  As a result of Charter issues, YJY's charges were withdrawn -- there was no criminal record.   Need a Calgary impaired driving lawyer or a roadside sanctions lawyer?  Call for a free telephone consultation. David Chow has successfully defended many immediate roadside sanctions cases.