Impaired Driving
The issue of whether the accused in tented to commit act of impaired driving and to the state of being impaired by alcohol or a drug is an essential ingredient of the offence of impaired driving.
That element of impaired driving need not necessarily be present in relation both to the act of impaired driving and to the state of being impaired in order to make the offence complete.
A man who becomes impaired as the result of take a drug on medial advise with knowing its effect cannot escape liability if he becomes aware of his impaired condition before he started to drive this car, just as a man who did not appreciate his impaired condition when he started to drive cannot escape liability on the grounds that his lack of appreciation was brought about by voluntary consumption of liquor or drug.
The intent, called "mens rea" of the care or control offence is the intent to assume care of control after the voluntary consumption of alcohol or a drug, and the act of assumption of care or control when the voluntary consumption of alcohol or a drug has impaired the ability of the driver.
Drunkness is not a defense to the charge of impaired driving or care or control. The only mental element involved in the offence is voluntary intoxication.
Impaired Driving does not mean that the driver was drunk or intoxicated, only that their ability to operate the vehicle was impaired due to the consumption of an alcohol or drug.
A conviction for impaired driving, drive over 80, care or control, or refuse breath sample means;
- the loss of driver's licence for at least one year,
- a criminal record and Insurance increase of thousands of dollars per year
- mandatory alcohol and drinking and driving counseling
- If your job involves driving, you may lose your livelihood. The cost to reinstate your drivers licence after conviction is approx $3500.00
Refuse Breath Test
Refuse Roadside Test
Drive Over 80 Mgs
Penalties for Impaired Driving and Drinking and Driving Offences