The Cost of Impaired Driving — McElroy Law

This is a pretty good assessment of the costs of being charged with impaired driving/over 80/refuse to blow. Something to consider this holiday time of year.

We all know that impaired driving has a huge cost on our society, with the loss of lives, injuries and damage to property. But it also has a direct financial cost on those who are charged with the offence. Here is what you could expect to pay should you be charged or convicted of impaired driving in Ontario. Administrative Licence Suspension: Upon arrest, an individual’s licence is suspended for 90 days and the vehicle impounded for 7 days. There is a $180 administrative penalty. Legal fees: In order to avoid any other fees, a person would need to be found not guilty after a trial. Legal fees for that could range from $5000 to $10000 or more, depending on the complexity of the case and the length of the trial.Should a person be convicted of impaired driving, then they can expect following costs: Fine: There is a mandatory sentence of a minimum $1000 fine and a one year driving prohibition for first time offenders. The fine can be more depending on if there are elevated breath test readings or bad driving, including an accident.Interlock Ignition: An individual can reduce the length of the driving prohibition by participating in the Interlock Ignition program.  If one is found guilty within 3 months of the arrest, they are eligible to drive after 3 months of the conviction and then use the interlock system for 9 months. After three months, the individual can wait 6 months and then use the interlock system for 12 months. The monthly cost of an interlock device is about $124 to $128 a month, and then there is a removal fee of $56.50. (These are based on numbers from A 1 Lifesaver of Canada and Alcolock Canada Inc.)If a person chooses not to partake in the interlock program, then they are not able to drive for the full driving prohition (1 year) and then the following licence suspension (1 year) for a total of 2 years. Back on Track: There is a mandatory alcohol education program which must be completed before an individual can have their licence fully reinstated. The program costs $634 for assessment, education/treatment and follow-up.Licence re-instatement fee: It costs another $180 to have your licence re-instated after completing the licence suspension.Insurance: an impaired driving conviction will affect an individual’s insurance premiums, which can cost up to a few thousand dollars a year.To recap: If a person is convicted of an impaired driving charge, aside from legal fees,  they could expect to pay the following: (Keep in mind that this is a conservative estimate of Interlock and the minimum fine.) $180 Administrative fee$1000 Fine$1548.10 interlock (if Stream B; $1175.20 if Stream A)$634 Back on Track$150 Licence Re-instatement feeGrand total: $3542.10This of course does not include legal fees, a rise in insurance premiums and the possible effects of a criminal record on employment. The numbers certainly make the price of a cab or Uber pale in comparison.Wishing you a safe and happy holiday!*The information contained in this blog post, as with all the blog post, is legal information and not legal advice. You can find more information at the Ministry of Transportation’s website: http://www.mto.gov.on.ca/english/safety/impaired-driving.shtml 

Source: The Cost of Impaired Driving — McElroy Law

REVIEW OF THE CONSERVATIVE REFORMS TO CRIMINAL JUSTICE

“The reforms have compounded pressures on the criminal justice system and have led to an increase in challenges pursuant to the Canadian Charter of Rights and Freedoms. There were 64 mandatory minimum penalties in the Criminal Code and nine mandatory minimums in the Controlled Drugs and Substances Act. Since 2005, 51 code offences were amended to either increase existing mandatory penalties or introduce a new one. Justice Department officials were tracking more than 100 constitutional challenges to mandatory minimum penalties alone.”

Source: Reforms have compounded pressures on Canada’s criminal justice system: memo – National | Globalnews.ca

DIAMOND & DIAMOND -Allegations of lewd texts to assistant put Jeremy Diamond in the rough

More insight into what a law firm should not be

In 2011, a female assistant was charged with extortion after she threatened to expose Diamond for harassing behaviour and other activities. On investigation, police withdrew charges against her and concluded there was ‘sufficient evidence to charge (Diamond)’ but none were filed.

Source: Allegations of lewd texts to assistant put Jeremy Diamond in the rough | Toronto Star

DIAMOND & DIAMOND – Have you ever wondered what’s up with this law firm?

“Our firm is mainly a referral source and initial screening agent . . . our firm will not represent or suggest that we will act for the client. Diamond — described as an “award-winning personal injury lawyer” — has never tried a case himself. Emails written between late 2009 and early 2011, appear to reference Jeremy referring out at least 2,200 clients to outside lawyers.”

Jeremy Diamond is the face of personal injury law. His ads attract thousands of clients, but their files are sometimes referred out for hefty fees — and he has never even tried a case.

Source: Diamond & Diamond under fire | Toronto Star

COURT DELAY AND BACKLOG -Backlog of Toronto drunk-driving cases threatens goal of zero tolerance

“Six weeks and two court appearances before evidence was disclosed to the defence, trouble finding a judge and then scheduling conflicts between the Crown and defence lawyers.” Realistically there are a maximum of only 4 and 1/2 scheduled hours a day that a court has to hear cases, if everything goes well. “We used to be able to finish two impaired trials in one day. Over the past several years, things have changed so that, now, even for a basic impaired, at least two days are set aside for trial.” Provincially, it takes an average of 194 days to process an impaired-driving case. In Toronto, the overall average is 324 days and eight court appearances. At the downtown Old City Hall courthouse specifically, it is even slower, with an average of 376 days per case.

RIDE checks will likely yield scores of impaired driving charges in the next few weeks but many won’t be resolved until next Christmas

Source: Backlog of Toronto drunk-driving cases threatens goal of zero tolerance – The Globe and Mail