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 Criminal Law FAQ
 What should I do to prepare for my first meeting with a lawyer?
Gather relevant papers and any documents which may be evidence in your case. If you know of witnesses, make a list of their names and contact information. 
While I am in custody, should I talk to Police?
NO. You are under no legal obligation to talk to the Police. Upon arrest you are entitled to retain and instruct legal counsel without delay.
You should ALWAYS invoke your right to Counsel and seek instructions. Call me immediately and I will instruct you on whether you should or should not talk to Police.
What should I do if I am being investigated by Police?
Call me immediately to discuss the matter for which you are under investigation. If retained, I act as your "security blanket" and the buffer between yourself and the Police. I work diligently on your behalf in order to attempt to ensure that charges do not get laid; if they do, then I act as your Criminal Lawyer, and defend your case in attempts to obtain the possible result within the framework of the law.
What do I do if the Police come to my home or place of work and question me?
If you are under arrest then other than providing basic information (such as your name and date of birth), you are under NO legal obligation to talk to the Police and should contact me immediately.
Do I really need a lawyer? Why not plead guilty and get it over with?
Criminal law defences are often very technical. Even if you feel that you’ve done something wrong, you may have a technical defence. Often, if the case is properly defended, the prosecution may not be able to prove the allegations beyond a reasonable doubt.
Often people may wonder if it’s better to plead guilty and take the punishment. But what if there’s a technical defence that only a lawyer could find? What if you’re innocent? What if the punishment is much worse than the crime? What if a conviction will ruin your life? What if the court fails to understand your circumstances?
A criminal lawyer is a professional at dealing with criminal offences. At Ambridge Law we use all the technical and legal defences available to put you in a better position – to beat the criminal charges.
From a financial perspective, a criminal conviction can lower your income for your entire life, impact your social status, reduce your right to travel and limit your future. You should never plead guilty unless you have thoroughly discussed your matter with a qualified criminal lawyer and received proper legal advice.
What happens on my first appearance in court?
Typically on the first court appearance our law office appears for you in court so you don’t need to attend. We inform the court that you have retained our Law Office to represent you. We collect a copy of the case disclosure and apply to adjourn your case for several weeks so that we may study the police reports and determine your best defence.
Is there any way to have the fingerprints and photographs taken by the police destroyed?
Yes. Upon successfully defeating the criminal charges, our Vancouver Law Firm can apply to the police department to have the fingerprints and photographs destroyed. Written confirmation of the destruction is obtained and given to our clients.
When a police officer demands that I blow at the roadside, what are my rights?
The Criminal Code of Canada allows a police officer, on a mere suspicion that a driver has alcohol in their body, to demand that the driver provide a breath sample into an approved screening device (sometimes referred to as a roadside breath tester). Refusal to comply with that demand without a reasonable excuse is a criminal offense.
You do not normally have the right to contact a lawyer before blowing into a roadside screening device. Demanding to speak to a lawyer can be considered as refusal.
Is it a crime to blow a “fail” at the roadside?
It is not a crime to fail a screening device test, nor can the results be used to prove that a driver was impaired. However, if the driver blows a fail, the results either alone or in combination with other observations, may provide the officer with grounds to conclude that the driver has committed an offence. In that case the officer may make a demand for breath samples to determine alcohol concentration, normally provided at a police station by breathing into a more sophisticated blood alcohol measuring device.
If I am arrested or detained in a drinking/driving case, when can I call a lawyer?
Even though you normally do not have the right to contact the lawyer before breathing into a road screening device, if you are subsequently detained or arrested and subjected to further YOU HAVE THE RIGHT to contact a criminal defence lawyer and receive competent legal advice. The police must inform you of this right and facilitate your call. You may call any lawyer you wish, and you may make more than one call if necessary to obtain satisfactory legal advice.
Can I drive home if I am charged with drinking and driving offence on a road side?
If you are with a sober passenger who is licensed and fit to drive, he or she may drive the vehicle. If it is a safe location, you can choose to leave the vehicle at the roadside, or the police will have the vehicle towed at the vehicle owner’s expense.
What is Vehicle Impoundment?
Under Ontario's Vehicle Impoundment Program, drivers who are caught driving while their license is suspended for a Criminal Code driving conviction will have the vehicle they are driving impounded for a minimum of 45 days.
Regardless of whether the vehicle is rented, leased or loaned to a friend or family member, the vehicle will be impounded. The vehicle owner will be liable for all towing and impoundment costs.
I received a Notice of Intent to Prohibit me from driving. What should I do?
Unless you wish to accept the prohibition, you or your lawyer must write to the Superintendent of Motor Vehicles within 21 days of the date of the Notice to explain why the prohibition should not be imposed or the duration of the prohibition should be reduced. If you do not write within the 21-day period, a Notice of Prohibition will follow confirming and enacting the prohibition.
Our lawyers are skilled in crafting letters designed to address the Superintendent’s concerns. In many cases we can persuade the Superintendent of Motor Vehicles to reconsider the proposed prohibition.
How long do I have to file the Application for Review of my 90-day Administrative Driving Prohibition?
You have only seven days from the date you received the Notice to apply for a review of the prohibition. To ensure that your lawyer is available to conduct the hearing, you should retain your lawyer before filing the review.
Should I apply to appeal my 90-day driving prohibition (ADP)?
Yes. If you do not appeal your 90-day driving prohibition, you are deemed to accept it. Before conducting the review, your lawyer will be provided with a Report to Superintendant. If you succeed on the review, you are entitled to the return of the application fee and your driving privileges will be restored.
What happens if my license is suspended?
You will be given a suspension notice by a police officer, indicating that the suspension of your licence takes effect immediately. The police officer will take your licence from you and send it back to the Ministry of Transportation (MTO).
What happens after the suspension period of my license expires?
A reinstatement notice will be mailed to you. If you do not have other disqualifications (for example, other suspensions, expired or cancelled licence), the reinstatement notice will include a Temporary Driver’s Licence (TDL). You may then go to a Driver and Vehicle Licence Issuing Office to pay the $150 administrative monetary penalty. A new plastic licence card will then be mailed to you.
If you did not receive a reinstatement notice, you may obtain a TDL from a Driver and Vehicle Licence Issuing Office.
If your suspension ends on a day when the Driver and Vehicle Licence Issuing Offices are closed (for example, a statutory holiday) and you did not receive a TDL in the mail, you will need to wait until they re-open. You must have a valid driver’s licence to drive.
What does the Ignition Interlock condition mean?
If you receive a 30-day licence suspension, you will also automatically have an ignition interlock condition placed on your licence for six months. For drinking and driving offences, ignition interlock condition is placed for minimum of 1 year. This means that you must not drive any vehicle that does not have an ignition interlock device installed. Drivers who choose not to install an ignition interlock device must not drive until the condition is removed from their licence.
What is the Alcohol Education and Treatment Program?
Drinking drivers are required to take more responsibility for their actions. They have to get their drinking problem under control if they want their licence back.
Alcohol education and treatment programs, also referred to as remedial measures, are directed for individuals who:
- Have been convicted of a driving and driving-related offence
- Have received more than one roadside licence suspension for driving with a BAC from 0.05 to 0.08.
Information sent from the Ministry of Transportation will include the specific remedial measures requirements and how to complete them.
Back on Track is Ontario alcohol education and treatment program, delivered by the Centre for Addiction and Mental Health. The three components of the program, which you will need to complete are the following:
- Assessment,
- Education or Treatment Program, and
- Follow-Up Interview.
Assessment:
- Determines the extent of the drinking and driving problem and whether an education or treatment program is the most appropriate intervention.
Education or Treatment Program:
The Education Program is eight hours in length and focuses on:
- how alcohol and other drugs affect driving performance and safety
- the legal and personal consequences of an impaired driving conviction
- ways to avoid drinking and driving
The Treatment Program is 16 hours long and helps participants to:
- learn about, and take responsibility for, their alcohol and drug use and its consequences
- commit to ending the abuse of alcohol and drugs
- plan to avoid relapses and make healthier choices
- avoid drinking and driving
Follow-up Interview:
Six months after the completion of the Education or Treatment Program, a follow-up interview takes place to assess success in meeting program goals and to reinforce strategies for avoiding drinking and driving developed during the program.
Medical Review:
Individuals who provide breath samples from 0.05 to 0.08 (known as the "warn range") more than 3 times will be required to undergo a mandatory medical evaluation. They will be sent a Substance Abuse Assessment form for completion by their family physician or a physician specializing in addiction medicine. The purpose of the assessment is to determine if the individual is alcohol dependent and if further intervention is required. Depending on the information provided, MTO may keep the individual under suspension until they fulfill the medical requirements for licensing.
Completing the Program: Licence Reinstatement:
There are different requirements for individuals convicted of impaired driving and those who are suspended for repeatedly driving in the "warn range".
Convicted impaired drivers should register immediately upon conviction as the program can take 11 months to complete. Criminally convicted drivers must complete all three components of the Back On Track program before the licence suspension expires and satisfy all other requirements set by the courts in order to have their licence reinstated.
Drivers fulfilling the mandatory alcohol education or treatment program requirements as a result of a suspension for registering a BAC from 0.05 to 0.08 will have 120 days from the start of their suspension period to complete the education course and 180 days to complete the treatment course.
What does it cost you to drink and drive?
Drinking and driving is an expensive gamble.
Drivers who are suspended at roadside for registering from 0.05 to 0.08 milligrams of alcohol in 100 milliliters of blood or registering over 0.08 milligrams in 100 milligrams of blood are subject to a $150 Administrative Monetary Penalty. In addition to the possibility of killing or seriously injuring themselves or someone else, convicted drinking drivers also risk serious financial costs.
The following is a sample calculation of potential costs involved in dealing with a drinking and driving charge:
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Approximate Costs for Person Charged with Drinking and Driving
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Category
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Amount
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Legal and Court Costs
(estimated range)
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$2,000 -$10,000
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Criminal Code fine
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$1000
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Alcohol Education and Treatment Program
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$578
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Administrative Monetary Penalty
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$150
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Increased Insurance
(estimate: $4,500 extra per year for 3 years)
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$13,500
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Ignition Interlock
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$1,300
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TOTAL MINIMUM COST *
(plus applicable taxes on some items, actual costs may be higher)
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$18,128
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Note:
* Other potential costs include property damage, loss of employment income and uninsured medical costs.
Individuals who are convicted of driving while their licence is suspended for a Criminal Code conviction face high fines under the Highway Traffic Act:
• $5,000 - $25,000 for a first conviction
• $10,000 - $50,000 for subsequent convictions
Click here to contact us regarding your legal matter. (416) 590-1777
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