Both the criminal law and the technology available to combat impaired driving have evolved steadily over the years. While the federal Criminal Code is the primary means of dealing with the problem it must be borne in mind that the courts have recognized the provinces’ jurisdiction to enact legislation in this field as part of their power to regulate highway traffic safety.

The offence of operating or having care and control of a motor vehicle while impaired by alcohol or drugs has existed since not long after the use of automobiles became prevalent in the last century but the lack of effective technology made it difficult to enforce. Public awareness of the extent of the harm caused by such conduct was also slow to develop, with the result that until relatively recently even when the offence could be prosecuted successfully the penalties were quite mild and indeed almost inconsequential. Thus, even today one of the first questions clients frequently ask is whether a restricted driver’s licence for work purposes is available. In fact, the answer is a resounding “no” but only dating back to the first year of my career change from prosecutor to defence attorney.

Facing Criminal Charges

From Suspect to Defendant

If you are facing criminal charges, do not assume that you will be convicted. In Canada, you are innocent until proven guilty. Proving someone’s guilt in a court of law is not as easy as you might think. In order to prevent innocent people from being convicted, a strict set of procedures and rules governs criminal trials. These rules and procedures are there to protect you.

The prosecution is required to prove each element of the offence for each charge against you, including: identity, jurisdiction, time-frame, and if what you did was a crime.

Andrew Barbacki can help you with police investigations:

• Bail hearings
• Crimes of violence
• Impaired driving (DUI)
• Drug charges
• Sexual offences
• Domestic assault
• Weapons offences
• Financial offences

Do not wait until you have been arrested. Contact Lawyer Barbacki right away and find out what to do next if:

• You’re suspected of committing a crime
• You’re the subject of a police investigation
• The police have contacted you