(Grande Prairie - NAP/IRS/DUI). MMM was investigated for an impaired driving situation in Grande Prairie, Alberta. To facilitate the investigation the RCMP used an approved screening device to conduct initial alcohol screening. As a result of the sample MMM was issued a Notice of Administrative Penalty (NAP)/Immediate Roadside Sanction (IRS). MMM was fortunate not be further investigated for a criminal impaired driving offence. Under the Provincial Administrative Penalties Act there are specific rules with respect to issuing a NAP; to include a procedure whereby the recipient of the roadside sanctions has the option to participate in a roadside appeal. Additionally, whenever a person disputes his/her IRS the Director of SafeRoads Alberta is required to provide certain information as part of the adjudicative process. In this case, MMM successfully argued for the cancellation of the administrative penalty on grounds of missing information relevant to the adjudication. If you have been issued roadside sanctions, the penalty may not be a criminal record, but the consequences of the loss of licence are still severe. For a free consultation contact an experienced roadside sanctions lawyer. Since the introduction of the NAP process on December 1st, 2020, David Chow has litigated several dozen roadside sanctions cases. He is an experienced immediate roadside sanctions lawyer.
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A criminal driving offence is essentially any driving related infraction that involves criminal prosecution. Certainly the most common criminal driving offence is impaired driving and related crimes, such as blowing over the legal limit or refusing to blow. The Criminal Code of Canada includes a variety of other driving offences, such as dangerous driving, hit and run, evade police and may even encapsulate charges such as criminal negligence or vehicular assault.
If you have been charged with a criminal driving offence, it is paramount that you retain a lawyer who fully appreciates the evidence and all available defences. Successfully resisting a criminal driving prosecution requires a lawyer who not only understands the law, but has enough pragmatic experience to grasp the difference between criminal driving and other conduct that may only be a transgression of the Traffic Safety Act or perhaps even innocent driving behaviour that is neither criminal nor quasi-criminal.
For a free consultation with a Calgary dangerous driving lawyer, who defends all criminal driving offences, call 403.452.8018.
Recent Case Results
(Calgary, NAP-IRS). PSP was issued immediate roadside sanctions by way of a notice of administrative penalty. Like so many cases where a person is charged or sanctioned by law enforcement (either through the criminal law or a regulatory scheme), the investigating agency stumbles into a situation, only to observe a partial event without context. In this case, though PSP was not initially in care or control of the vehicle -- and had not intention to do so -- circumstances unfolded that caused her to be behind the wheel. Specifically, PSP's partner slid on ice and the vehicle got lodged in a snow bank. To get the vehicle dislodged, PSP's partner was the stronger person and so he pushed while PSP steered the vehicle out of the snowbank. Unfortunately, just as the pair got unstuck and were about to change positions, police rolled up and investigated PSP for impaired driving. PSP had her notice of administrative penalty cancelled on grounds relating to the collection of the breath samples. Notwithstanding the cancellation, the SafeRoads IRS framework still exacted a punishment; for PSP's vehicle was impounded and incurred impound fees for 30 days. Issued immediate roadside sanctions? Call a Calgary roadside sanctions lawyer for advice. David Chow offers a free telephone consultation.
(Red Deer, SafeRoads/DUI). WRW was issued immediate roadside sanctions in circumstances where he was not inside the vehicle at the time the roadside investigation commenced, had consumed no alcohol prior to driving and in circumstances where the off-road ATV was inoperable. Other than writing and issuing paperwork that resulted in a vehicle tow and licence suspension, almost no meaningful investigation was conducted. This is an example of case where a person was sanctioned at the discretion of police and had his employment put in serious jeopardy in circumstances where a reasonable investigation may have resulted in a different course of action. Luckily, the SafeRoads adjudicator understood WRW's argument and cancelled the notice of administrative penalty (NAP). There are several Alberta criminal lawyers experienced in handling roadside sanctions. If you are looking for an immediate roadside sanctions lawyer in Alberta, call 403.452.8018 for a free initial consultation. David Chow is a Calgary based criminal defence lawyer who handles cases throughout the entire province. #RoadsideSanctionsLawyer
(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.