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Driving Offences

Driving OffencesDriving offences, including impaired and "over 80" cases, are an area of law that is specialized and complex. If convicted, the majority of these offences will result in the loss of one's driver's licence. While the courts say driving is a privilege and not a right, our lawyers recognize that the ability to drive is also a necessity for most of our clients. Without it, it is difficult or impossible to work, transport their children, and engage in many of their other daily activities.

This area of law is often changing and evolving, through both case law and legislative changes by the provincial and federal governments. If you are facing charges of this nature, you need lawyers that are prepared to take the time to craft a successful trial strategy. As well, you need lawyers that know the law better than the specialized police officers and prosecutors that handle these cases in our courts.

At Sitar & Milczarek, we have successfully argued many impaired, "over 80," dangerous operation, and other driving cases before the courts in Alberta. Due to province-wide instructions from the Minister of Justice, prosecutors have little to no ability to take a lesser offence guilty plea to impaired and over 80 charges. As well, provincial driving suspensions apply from the date of the charge to the date of your trial. Consequently, our lawyers strive to obtain very quick trial dates in these cases as virtually all of them conclude after a trial.

Some examples of cases where our lawyers have successfully defended individuals charged with driving offences include:

  • R. v. M.P. - acquittal from the charge of Driving Dangerously Causing Death
  • R. v. D.O. - successful application leading to the exclusion of a certificate of analyses due to the non-provision of a phone call to counsel and an acquittal from the charge of over 80
  • R. v. D.S. – after the client caused a very serious highway traffic accident, our firm successfully negotiated a joint submission for a non-custodial sentence upon guilty plea to less-serious offences. Original charges included impaired driving, multiple counts of dangerous driving causing bodily harm (including injuries to an infant), and numerous other offences.
  • R. v. S.J. - negotiated a resolution of $800 fine to minor Traffic Safety Act violation in a case where client was charged with Dangerous Driving for speeding upwards of 90km above the speed limit on MacLeod Trail
  • R. v. A.S. - negotiated a mid-trial resolution for Careless Driving under the Traffic Safety Act in a case where the client was involved in a high-speed motor vehicle collision with a parked car on a residential street.