Answers To Questions About Criminal Defence in Edmonton
The first step is to open a file. Once a file is opened in our office, we answer any questions you may have, we order disclosure, once it is in we review disclosure with you, and we appear in court for all of your court appearances so that you do not have to go. Please call our office for more details on how to open a file.
Yes, if you were charged criminally and fingerprints and photographs were not already done before you were released. It is an offence not to go for fingerprinting. No, if you were not charged criminally and only received the Notice of Administrative Penalty under the SafeRoads regime.
There are too many changes to outline all of them here. It is important that you speak to a lawyer to understand the full impact these changes may have on you or someone you care about. Here, however, are some of the highlights:
The section numbers of the offences in the Criminal Code all changed (see below).
The nature of the offences has changed:
Impaired driving (s. 253(1)(a)) became operating a conveyance while the ability to do so is impaired by alcohol (s. 320.14(1)(a)). The legal limit was lowered. Driving with a blood alcohol level over 80 mg% (s. 253(1)(b)) became operating a conveyance within two hours of having a blood alcohol level at or exceeding the limit of 80 mg% (s. 320.14(1)(b)).
The penalties have changed. These may or may not apply to you, depending on whether you were actually charged or only received the Notice of Administrative Penalty. Make sure to speak to a lawyer before making any use of the following information.
With respect to fines, there used to be a mandatory minimum $1000.00 fine for impaired driving-related offences. After December 18, 2018, the minimum fines depend on the results of the breath tests. Refusals or failures to comply with demands for breath, bodily substances or sobriety tests, will result in a minimum $2000.00 fine (s. 320.19).
With respect to the driving disqualification period, the mandatory minimum remains a one-year driving prohibition. However, before December 18, 2018, a person convicted would have to wait three months before being able to access Ignition Interlock which would allow the person to drive for the remaining nine months. After December 18, 2018, a Court may allow a convicted person access to Ignition Interlock without any mandatory wait period, allowing the person to drive for the 12-month prohibition (S. 320.24).
One of the biggest changes was the introduction of s. 320.27(2). An officer who has a screening device in his or her possession may stop a vehicle for a sobriety or document check and require the driver to blow into the device without having grounds even to suspect that there has been consumption of alcohol. A police officer may make a Mandatory Alcohol Screening demand of anyone he or she stops, whether that is for speeding, a seat-belt violation or any other reason relating to road safety. As long as the officer has a screening device in his or her possession and actually stopped the driver (so the officer personally saw the vehicle being operated) he or she can require you to provide a sample of your breath even if the officer has no basis to believe you have had any alcohol or drugs recently.
If you have been charged criminally, you can order it yourself. Call the Crown Prosecutor’s office ahead of time to find out what documents you might need to bring with you. You can ask our firm to order it for you. We will request the documents we know you will need and once the package is received, we will review it to ensure it is complete.
If you only received the SafeRoads’ Notice of Administrative Penalty, you can log onto the SafeRoads portal by using the information contained on the NAP. We invite you to listen to our podcast series, Legal Eyes (under Resources), specifically the episode called, “How to Run (and Hopefully Win) Your IRS” for more information on how to log into the SafeRoads portal. Of course, you can also call us so we can discuss this in more detail.
In the criminal context, it often depends on where the disclosure package is coming from. Usually, disclosure takes between two and four weeks to arrive. In the SafeRoads context, it is normally on the SafeRoads portal within a day or two of the Notice of Administrative Penalty having been issued. The police must upload all relevant disclosure within 4 days of any hearing that has been set.
From the time you put in a plea it will probably take, at the very minimum, three and a half months before the matter will come up again for trial. Normally, though, it will take longer. Generally, you can expect that it will take between six and eight months to get the matter to trial. It may take longer depending on a number of factors.
The law with respect to impaired driving changed federally on December 18, 2018. Radical changes occurred in Alberta in December 2020. In essence, Alberta has opted out of enforcing the provisions of section 320 of the Criminal Code which relate to impaired driving in situations where it is a first occurrence and where there are no significantly aggravating factors. First occurrences of alcohol-related driving offences are very often dealt with on a purely administrative basis through the SafeRoads Alberta regime.
If you are a youth you must appear at all court appearances unless you have filed a designation of counsel. Even then, you should know that some courts will insist on you being personally present for the first court appearance. It will not be enough to send someone else, a non-lawyer, in your place. If you are an adult and you know that the Crown is proceeding by summary conviction, as opposed to by indictment, you may be able to send someone in your place, depending on the kind of court appearance it is. Check with a lawyer before assuming that you do or do not have to be personally present. If the Crown is proceeding by indictment, you may file a designation of counsel which will allow a lawyer to be present on your behalf for most preliminary court appearances. (See question about summary versus indictable offences).
Some criminal code offences are called “hybrid” offences. Impaired driving, over .08 and refusal are all “hybrid” offences. This means the Crown has a choice of whether to proceed by summary conviction or to proceed by indictment. If the Crown proceeds by indictment it means that the Crown views the case as more serious than the average case. The Crown will be seeking a greater penalty than it would in a “regular” case.