Significant Changes in Consequences for Drinking-Driving Offences

Friday, July 16, 2010

Effective August 3, 2010, the Ontario Government has established a new Ignition Interlock Conduct Review Program which will have marked effect on the consequences for those convicted of offences including impaired driving or care and control, operating a vehicle with over 80 mgs. of alcohol in the blood and refusing to provide breath samples.

Previously, on conviction for such offences, the punishment, in addition to fines and/or imprisonment, included a driving prohibition and licence suspension of a full year, followed by the required use of an ignition interlock device for an additional full year.

The new program will provide that for a first offence, unless a longer period is ordered, the licence suspension shall be for a period of 3 months, to be followed by the ignition interlock program for a period of 9 months.

There are several limitations on the availability of this disposition, including the following:

a. the person must plead guilty to the offence and be sentenced within 3 months of the offence date.  A plea of guilty more than 3 months after the offence date is subject to a 6 month licence suspension and a 12 month interlock program.  A conviction following a plea of not guilty, even if within 3 months, results in the higher punishment;

b. for those persons charged prior to August 3rd, they have until November 1st, 2010, to be sentenced to get the benefit of the new program;

c. those persons charged with offences resulting in death or bodily harm, or with previous convictions in the last 10 years for drinking and driving offences or certrain other offences as referred to in ss.41 and 42 of the Highway Traffic Act, are ineligible for the new program;

d. the Crown retains the discretion to seek a longer suspension than 3 months if there are circumstances such as an accident, a high blood-alcohol level, a record with convictions for driving while under suspension or a history of unsafe driving.

There are a number of other aspects of the legislation addressing such aspects as how it may be implemented and what may happen in the event of a breach of the suspension or interlock orders.

It will remain to be seen as to whether the legislation might be challenged in court.  Other provinces have established similar programs but have not required a plea of guilty to be entered to gain the benefit of the reduced sanction, let alone having to do so within a narrow time frame.

It may be argued that to compel a decision to waive the right to a trial, under the time constraints imposed by statute, effectively results in a guilty plea being involuntary, which is in direct conflict with the requirements of s.606 (1.1)(a) of  the Criminal Code of Canada.

A charge of a drinking and driving offence raises many serious, complex issues.  The Criminal Law Department of Ross & McBride has extensive experience in helping our clients meet the challenges presented by such charges, providing strong representation with personal attention to all aspects of the defence.  For further information, call Jeffrey Manishen at (905) 572-5813 or email jmanishen@rossmcbride.com or Steve Kim at (905) 572-5829 or skim@rossmcbride.com.