Toronto Criminal Defence Lawyer - Tushar K. Pain
About the Practice
Firm Profile
Our Guarantee
Testimonials
Cases
Articles
Frequently Asked Questions
Law Resources
CriminAlert
Contact Info




Criminal Defence Articles


Ignition Interlocks: Another harsh reality for those convicted of an impaired driving offence

Most are aware of the consequences that follow a conviction for drinking and driving.  Under the Criminal Code, there are fines, driving prohibitions and a criminal record to contend with.  If its your second offence, you’re going to jail.  Under the Highway Traffic Act, there’s the automatic 90-day licence suspension before you’re even convicted.  Then, upon conviction, your licence is suspended for at least one year and you can’t get it back without completing a lengthy and expensive remedial measures program.  Now there’s more.

If you’re convicted of an impaired driving offence, you will be subject to Ontario’s Ignition Interlock Program.  Once you have jumped through all the hoops to get your licence back, it will bereinstated with a condition that you can only drive a vehicle equipped with an ignition interlock device.  Of course, you can choose not to install the device and simply put off driving until the condition is removed from your licence.

For first-time offenders, the condition can be removed after one year.  For second-time offenders it’s two years and for third-time offenders its a life-time condition.

The ignition interlock device is an in-car breath screening device connected to the engine’s ignition system.  A breath sample is required before the car is started.  The reading must be under 20 (i.e. 20 milligrams of alcohol per 100 millilitres of blood) in order for the car to start.  Once the car is started, random samples will be required while the engine is running.  If one is not provided or, if the result is over 20, a warning will be given and then an alarm system will activate until the ignition is turned off.

It is an offence to tamper with the device and penalties include fines and an extension of the condition's duration.

The ignition interlock condition does not expire on its own.  Instead, you must apply to have it removed.  If you don’t, it stays on.  Of course, you are also responsible for all installation and maintenance costs for the device.



Browse Articles:

Bad Behaviour Abroad: Beyond The Reach Of The Canadian Criminal Justice System?

Just how long is the long arm of the law?
Bad Behaviour Abroad:  Beyond The Reach Of The Canadian Criminal Justice System?

Is Prostitution Legal In Canada?

The criminal laws surrounding the activities associated......
Is Prostitution Legal In Canada?

What is a computer or Internet crime?

Computer and Internet Crimes:  In today's fast-paced...
What is a computer or Internet crime?

What you need to know about domestic assault charges

Domestic Assault:  Domestic assault is a very serious...
What you need to know about domestic assault charges

"I Can’t Believe I've Been Charged With Shoplifting"

Shoplifting: You've been caught. You're embarrassed...
"I Can’t Believe I ve Been Charged With Shoplifting"

Sexual Assault:  The False Allegation

Sexual Assault:  A false allegation is more common...
Sexual Assault:  The False Allegation

The Impact of Stringent Bail Conditions On Sentencing

Do difficult bail conditions have any impact on sentencing?...
The Impact of Stringent Bail Conditions On Sentencing

I've Been Charged.  What Can I Do To Help Myself?

What To Do When You've Been Charged:  Some immediate...
I ve Been Charged.  What Can I Do To Help Myself?

The Canadian Criminal Justice System

The Criminal Justice System: Finding yourself caught...
The Canadian Criminal Justice System

Can I Really Trust My Lawyer?

The Defence Lawyer's Duty:  You need to trust your...
Can I Really Trust My Lawyer?

What Should I Expect From My Lawyer?

Serving The Client:  What you should expect from your...
What Should I Expect From My Lawyer?

Hiring a Lawyer

Hiring A Lawyer:  It is often best to hire a lawyer...
Hiring a Lawyer

What you should know about criminal records

Criminal Records:  Being convicted of a criminal offence,...
What you should know about criminal records

Can I Appeal This?

Criminal Appeals:  An overview of the appeal process...
Can I Appeal This?

Ontario's Drinking and Driving Laws Often Misunderstood; Here's what you should know before you drink and drive

Ontario's Drinking and Driving Laws Often Misunderstood: ...
Ontario s Drinking and Driving Laws Often Misunderstood; Here s what you should know before you drink and drive

Ignition Interlocks: Another harsh reality for those convicted of an impaired driving offence

Ignition Interlocks:  Another harsh reality for those...
Ignition Interlocks: Another harsh reality for those convicted of an impaired driving offence

How Impaired Driving Charges Are Defended

How Impaired Driving Charges Are Defended:  It seems...
How Impaired Driving Charges Are Defended

Familiarizing yourself with courtroom etiquette

Courtroom Etiquette:  Going to court is rarely a pleasant...
Familiarizing yourself with courtroom etiquette

Preparing To Be An Effective Witness

Testifying In Court:  The evidence you give in court...
Preparing To Be An Effective Witness

Character Witnesses:  Choosing Someone To Testify On Your Behalf

How To Select Character Witnesses:  A character witness...
Character Witnesses:  Choosing Someone To Testify On Your Behalf

Make a positive impact with personal reference letters

Personal Reference Letters:  Letters of personal reference...
Make a positive impact with personal reference letters

Employment letters:  What They Do And How They Should Be Drafted

Employment Letters:  A letter of employment is typically...
Employment letters:  What They Do And How They Should Be Drafted

Understanding The Guilty Plea Process

Pleading Guilty:  Pleading guilty means that you are...
Understanding The Guilty Plea Process

The first meeting with the lawyer: What should I know? What Should I do?

How do you get the most out of that first meeting with...
The first meeting with the lawyer:  What should I know?  What Should I do?

Evidence Ruled Capable of Supporting Racial Profiling Allegation

An analysis of the Ontario Court of Appeal decision...
Evidence Ruled Capable of Supporting Racial Profiling Allegation

When the Police Investigate A Passenger In A Motor Vehicle

In the case of R. v. Harris, (2008) 87 O.R. (3d) 214 the Ontario Court of Appeal had to wrestle with the issue of what Charter protections are engaged when the police investigate...
When the Police Investigate A Passenger In A Motor Vehicle

How to Advise Pre-Charge Clients in the Light of White

A client involved in a motor vehicle accident is being...
How to Advise Pre-Charge Clients in the Light of <i>White</i>

You're Invited to Call or E-mail
If you've been charged with a crime - or think you might be charged in the future - you're invited to call me.  I'll answer your questions and explain how you can protect your legal rights.  I will gladly talk with you on the telephone or in my office.  You're invited to send your e-mail to me at tkpain@torontocriminaldefence.com or call me at 416-410-4838.


About | Profile | Guarantee | Testimonials | Cases | Articles | FAQs | Resources | Contact | Sitemap | Home

Tushar K. Pain, Toronto Criminal Defence Lawyer
393 University Avenue ~ Suite 2000 ~ Toronto, Ontario, M5G 1E6
tel: 416.410.4838  fax: 416.410.5532   email: tkpain@torontocriminaldefence.com


Some parts of this website powered by Coranto.

Website Copyright ©2003 - 2010 Tushar K. Pain. All rights reserved.

Website design and production: 1uffakind.com

DISCLAIMER: The information contained on this site is of a general nature and is not intended to be construed as legal advice. If you have a legal problem, you should seek proper legal advice from a lawyer.

top