Driving Offences
A driving offence can affect far more than your ability to stay on the road. Depending on the allegation, you may face:
- licence suspension
- a criminal record
- imprisonment
- significant fines
- demerit points
- vehicle impoundment
- increased insurance costs
- potential immigration consequences including deportation.
Protecting Your Licence and Driving Record
For many people, losing the ability to drive can directly affect employment, family responsibilities, and everyday life.
Hamna Anwar Law defends individuals facing:
- Impaired driving
- Driving with a blood alcohol concentration over the legal limit (80 Plus)
- Refusing or failing to provide a breath sample
- Dangerous operation
- Dangerous operation causing bodily harm or death
- Failure to stop for police
- Driving while prohibited or suspended
- Careless driving
Impaired Driving
Impaired driving charges can arise where police allege that a person's ability to operate a motor vehicle was impaired by alcohol, drugs, or both.
These cases may involve roadside screening, breath or blood testing, drug recognition procedures, police observations, toxicology evidence, video evidence, and statements made to police.
A defence may examine the circumstances of the stop, the police investigation, the demand for testing, the reliability of the evidence, and whether Charter rights were breached.
Drinking and Driving
Driving with a blood alcohol concentration over the legal limit can result in criminal consequences, even where there are no allegations of dangerous or erratic driving.
The defence may examine the breath-testing evidence, timing of the tests, testing procedures, the operation of the testing instrument, and whether the evidence establishes the required blood alcohol concentration.
Refusing to Provide a Breath Sample
Refusing or failing to comply with a lawful demand for a breath sample is itself a criminal offence.
The defence may examine whether the demand was lawful and properly made, what was communicated to the accused, and whether the evidence supports the allegation of refusal or failure to comply.
Search, Testing & Charter Issues
Driving investigations can involve extensive evidence-gathering and raise important search, testing, and constitutional issues. Depending on the circumstances, the defence may examine:
Police Observations
What the officer says occurred, and whether those observations are supported by the evidence, including police notes.
Dash-Cam, In-Car Cruiser, Body-Worn Camera & Police Station Videos
Video evidence can provide important context about speed, traffic conditions, driving behaviour, the circumstances of the stop, and any indicators of impairment.
The Legality of the Stop
Whether police had lawful grounds or authority to stop the vehicle and how the investigation developed.
Right to Counsel
Whether you were properly advised of your right to counsel, whether you were given a meaningful opportunity to contact counsel, and whether you were able to speak with counsel of your choice or duty counsel.
The Crown's Case
Whether the Crown's evidence establishes the essential elements of the alleged offence beyond a reasonable doubt.
Road and Weather Conditions
Visibility, traffic, construction, weather, lighting, and road conditions may all be relevant to the circumstances of the alleged driving.
The Legality of the Demand
Whether police had lawful grounds to demand a breath sample and whether the demand was properly made and administered.
Where constitutional rights have been breached, the defence can assess whether an appropriate remedy, including exclusion of evidence, may be available.
Ministry of Transportation (MTO) Licence Suspensions & Vehicle Impoundment
Certain driving allegations can result in immediate MTO consequences separate from the criminal court process, including:
- Administrative driver's licence suspensions
- Medical reviews
- Vehicle impoundment
- Demerit points
- Licence reinstatement requirements
- Mandatory education or treatment
- Ignition interlock requirements
Experienced
Hamna Anwar Law has extensive experience defending impaired driving and other driving-related charges, including cases involving complex evidentiary and Charter issues. Hamna provides focused representation from the initial investigation through resolution or trial, with attention to both the criminal charge and its potential impact on your licence and driving record.
If you have been arrested or charged, contact Hamna Anwar Law to discuss your case and your options.
Facing Criminal Charges?
Your next steps matter. Speak with Hamna Anwar Law about your case.
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