Criminal Lawyers - DRIVING OFFENCES

Operation while impaired  320.14 (1) Everyone commits an offence who  (a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;  (b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;  (c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or  (d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.  Marginal note: Operation causing bodily harm  (2) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes bodily harm to another person.  Marginal note: Operation causing death  (3) Everyone commits an offence who commits an offence under subsection (1) and who, while operating the conveyance, causes the death of another person.

Failure or refusal to comply with demand  320.15 (1) Everyone commits an offence who, knowing that a demand has been made, fails or refuses to comply, without reasonable excuse, with a demand made under section 320.27 or 320.28.

Failure to stop after accident  320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.

Operation while prohibited  320.18 (1) Everyone commits an offence who operates a conveyance while prohibited from doing so  (a) by an order made under this Act; or  (b) by any other form of legal restriction imposed under any other Act of Parliament or under provincial law in respect of a conviction under this Act or a discharge under section 730.

Summary conviction  (2) Everyone who commits an offence under subsection 320.14(4) is liable on summary conviction to a fine of not more than $1,000.  Marginal note: Minimum fines for high blood alcohol concentrations  (3) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under paragraph 320.14(1)(b) is liable, for a first offence, to  (a) a fine of not less than $1,500, if the person’s blood alcohol concentration is equal to or exceeds 120 mg of alcohol in 100 mL of blood but is less than 160 mg of alcohol in 100 mL of blood; and  (b) a fine of not less than $2,000, if the person’s blood alcohol concentration is equal to or exceeds 160 mg of alcohol in 100 mL of blood.  Marginal note: Minimum fine — subsection 320.15(1)  (4) Despite subparagraphs (1)(a)(i) and (b)(i), every person who commits an offence under subsection 320.15(1) is liable, for a first offence, to a fine of not less than $2,000.  Marginal note: Punishment — dangerous operation and other offences  (5) Every person who commits an offence under subsection 320.13(1) or 320.16(1), section 320.17 or subsection 320.18(1) is guilty of  (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or  (b) an offence punishable on summary conviction.

Dangerous operation  320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.  Marginal note: Operation causing bodily harm  (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.  Marginal note: Operation causing death  (3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.