Thursday, September 13, 2018

How to Handle a Fail to Appear in Court Charge

Failing to show up for a court date when directed by a judge is deemed as a criminal offence, same as failing to appear for fingerprinting and photographs as directed by the police. A legal charge may be filed against an individual who’ve committed any of the above. More information about handling a charge of ‘failing to appear in court’ is shared below.

Am I Guilty of Failing to Appear in Court if I Forgot About My Court Date?

For someone to be considered guilty of a ‘failure to appear in court’ charge, the act of not showing up for a hearing or not showing up for fingerprinting and photographs must be deliberate. It must be proven as an intentional act committed by the individual. Forgetting to appear in court will not lead to a conviction if it can be proven that the action was not done with intent.

Are There Lawful Excuses for Failing to Appear in Court?

Missing out on a court date may be accepted by a court provided that there was a really good reason for the act. Lawful reasons include health reasons necessitating a hospital stay as well as other circumstances that will make it physically impossible for a person to be in court (such as being in jail for an unrelated charge). Inexcusable reasons include being hungover, not waking up on time, or attending another engagement such as a job interview.

What to Do If I Missed My Court Date?

A warrant of arrest will be issued by the judge if a person failed to appear in court. As for photograph and fingerprinting, the police will issue a similar warrant. It is best to contact the court (or the police) as soon as possible with your lawyer’s help as soon as the mistake has been realized. If nothing is done within 2 to 3 days, the warrant will stay and have to be enforced.

Will Surrendering Help Prevent a Charge?

 Surrendering one’s self as soon as possible together with your lawyer’s explanation is often enough to get charges of ‘failing to appear in court’ dropped as well as for the warrant to be canceled.

Remember that timing and prompt action is of the essence if you failed to make an appearance in court. You need a defence lawyer who can present your reasons in a positive light to avoid a charge and a conviction. Calvin Barry is a Toronto criminal lawyer who can help. Contact Calvin Barry today!

Wednesday, August 29, 2018

What You Have to Know About Criminal Cases and Peace Bonds

A peace bond is an important agreement that a person makes with the court. Because it is an official agreement, agreeing to it or being imposed with it has legal consequences that you have to understand. We’ll talk more about peace bonds in Canadian criminal cases below.

What is A peace Bond?

A peace bond is an official agreement between a person and a court stating that he or she will follow certain rules. The rules may involve refraining from certain actions such as possessing an object, contacting someone, or frequenting a certain place.

Peace Bond Validity

The section 18 of the Canadian criminal code says that a peace bond can last up to a year or 12 months.

Violation of a Peace Bond
Because a peace bond is a legal agreement with the court, violating the terms of the peace bond is considered as a criminal offence more so when proven to be done intentionally. This means that violating the terms of a peace bond can result in prosecution and/or being fined a penalty. The fine is stipulated in the agreement and can be as much as $2,000 for a single violation.

Violating a peace bond can result in jail time of up to 4 years for an indictment and 18 months if prosecuted by summary conviction.

When to Agree to a Peace Bond

It is best to agree to a peace bond when you’re sure that you understand the terms you’re agreeing to. There are times when the prosecutor may offer a peace bond in exchange for withdrawing charges such as in the case of domestic disputes and some abuse cases.

Meaning of Agreeing to a Peace Bond

It should be noted that agreeing to a peace bond does not mean an admission of guilt to any charge and hence will not be a part of your criminal record. It is simply an agreement stating that you will not do anything that is specifically stated in the peace bond.
Before you agree to a peace bond, it is best that you consult with a defence lawyer for guidance as well as making sure that you fully understand the agreement. Calvin Barry is a Toronto defence attorney who’ll be glad to help you. Talk to Calvin Barry today via Twitter or Facebook for a fast reply!

Friday, August 24, 2018

Calvin Barry Beats Rick Vaive DUI Charges. Not Guilty on all Charges

Watch Calvin discuss his client Rick Vaive being found not guilty on all his DUI charges. 

If you're looking for Toronto's best DUI lawyer, contact Calvin Barry today!

Wednesday, August 8, 2018

Charged With Public Mischief in Canada? Here's What You Need to Know.

Do you know that a charge of Public Mischief in Canada is tried as a criminal offence that is punishable by up to 5 years of jail-time? Circumstances and the defence strategy will dictate the severity of the resulting sentence so you better be sure that you equip yourself with what you legally need if charged with Public Mischief.

First, What is Public Mischief?

In Canada, Public Mischief is committed when a person falsely reports another for any reason. Even in instances where the officer do not believe the false reports, simply trying to mislead the authorities can still lead to a charge of Attempted Public Mischief.

  • You committed Public Mischief if you’ve ever:
  • Made a false statement to accuse someone of an offence
  • Tried to accuse someone to divert attention from yourself
  • Did something to intentionally cause people to suspect somebody of committing an act that they didn’t do
  • Falsely reporting the death of a person who is still living

Why Is Public Mischief A Crime?

The offence of Public Mischief is categorized as a crime to discourage people from filing false reports with the intent to mislead police officers and/or other people. Public Mischief is actually more serious than it initially looks because a false accusation can destroy lives and usurp limited police resources.

How to Get Acquitted from a Public Mischief Charge?

In order to be convicted, the Crown has to prove that the accused filed a false report, that the report is truly fraudulent, that the police responded to the false report, and that the false report caused the police to waste their time pursuing the false report. Because of these requirements, a good defence can help someone get acquitted or get a lesser charge.

Were you charged with a Public Mischief Charge? Calvin Barry Law might be able to help! Contact us as soon as possible so we can discuss the details of your charge and formulate the best defence for your case. The sooner you act to get a lawyer involved, the sooner this issue will get resolved. Talk to Calvin Barry today!

Thursday, August 2, 2018

Reasonable Doubt and DUI Charge Acquittals in Canada

Although getting involved in a DUI usually starts with an officer suspecting (within reason) that someone has been drinking before driving, and only progresses into a DUI arrest when the officer has come to believe that the driver’s driving is affected by being impaired by alcohol, it should be noted that an arrest doesn’t always have to end in a conviction.

DUI Charges and Over 80 have to be proven beyond reasonable doubt before someone can be convicted. This means that anyone arrested for the said charges should be properly investigated and the findings recorded to prove that they are indeed truly guilty of the charges against them.

Things Can Get Tricky

There will be times when a person can get arrested for a DUI because of suspicion or circumstantial evidence. For example, if a person has been observed to be slurring his speech, walking unsteadily, driving in a weird or suspicious way, or have liquor in the vehicle. All of these details can arouse suspicion, but it should be noted that they do not prove that someone is indeed intoxicated while driving. This is where technicalities come in and why the arresting officer will have to get the arrested individual to give a breath sample at the station to determine their blood alcohol level. However, even a recorded blood alcohol level can be countered with technicalities which a DUI lawyer can come up with as part of the case’s defence.

Lawyer Up

Whether it is your first time to be charged with a DUI or not, your first step should be to get your case legally sorted out with the help of a DUI lawyer. If one or a few details leading to one’s arrest for a DUI or a charge of Over 80 can be utilized to disprove that the arrested individual is indeed guilty, the charges will have to be dropped and the person will be acquitted.

Getting arrested for a DUI doesn’t have to end with a conviction for a DUI. A seasoned DUI lawyer can help you get acquitted. For updates on cases that like this, you may follow Calvin Barry Law in Twitter, Facebook, or Medium. If you need a Criminal Lawyer in Toronto to formulate the best defense for your case, don’t hesitate to contact Calvin Barry.

Wednesday, July 25, 2018

What You Must Understand About Consent and Sexual Assault in Canada

Sexual assault is not synonymous to rape, though many people may have that false understanding of what constitutes sexual assault. In Canada, sexual assault refers to an umbrella of actions of a sexual nature that violates a parson’s sexual integrity. This means that in Canada, sexual actions without the other party’s consent may fall under sexual assault.

Factors in Sexual Assault

Aside from consent, other relevant factors that are considered in sexual assault are:

  • The accompanying words and gestures surrounding the act
  • The nature of the contact
  • What part of the body was touched
  • What was the situation when the contact transpired
  • Threats with or without force
  • And any other circumstances surrounding what happened

Is Rape a Criminal Offence in Canada?

Canada’s Criminal Code doesn’t have rape listed as an offence. Rape is classified under the broad category of offences named as ‘sexual assault’. To differentiate between the types of sexual assault, additional terms are attached to the term to describe the nature or the circumstances of the offence.

Why is Consent Important in Determining Sexual Assault?

Because sexual assault is a violation of someone’s sexual integrity in Canada, consent is a crucial factor if someone was indeed violated. When someone consents, then it means that that person is making an informed decision to voluntarily participate in a certain sexual act.
Key things to remember about consent include:
  • Consent can be limited to specific acts only
  • Consent can be retracted, even in the middle of the act
  • Consent has to be given again if the act is to be repeated
  • Consent is still required between married couples and people in a relationship

Please note that the information shared in this article are not meant to be interpreted as legal advice and should only be taken as educational information. Should you need help from a Criminal Lawyer in Toronto, Calvin Barry is your best option. Calvin Barry Law has extensive experience and years of practice in Criminal Law including handling sexual assault cases. Contact Calvin Barry right away!

Thursday, July 19, 2018

Domestic Violence Allegations in Canada Are More Common Than You Think

Domestic violence allegations are not typical conversation topics but knowing what to do when accused should be something that everyone must read about if living in Canada.

The 101 on Domestic Violence

Believe it or not, allegations related to domestic violence are as common as drinking and driving cases when it comes to which criminal allegations are the most common in Canada. Contrary to popular belief, domestic violence do not just occur between spouses, partners, boyfriend and girlfriend relationships, or common law spouses. It can encompass violence between siblings, those occurring between parent and child, and also include violence between grandchild and grandparent.

What Charges Fall Under Domestic Violence Allegations?

The following broad array of charges are under domestic violence allegations:
  • Aggravated Assault
  • Assault
  • Assault Bodily Harm
  • Assault with a Weapon
  • Attempted murder
  • Criminal Harassment
  • Manslaughter
  • Murder
  • Sexual assault
  • Utter Threats
  • What Happens After a Domestic Violence Charge?

A domestic violence charge will be followed by an arrest and a bail hearing. After bail, the accused will be barred from contacting the complainant to avoid the possibility of further abuse and witness tampering. This can be very distressing for both parties as trial usually isn’t scheduled until many months after.

Note that a trial will still take place even when the complainant decides not to pursue the case because a domestic allegation charge is a criminal offence . This means that the decision to pursue will be under the Crown Attorney’s Office once the police filed a case. .

Were you or someone you know involved in a domestic violence allegation? You must immediately seek the help of a professional Criminal Lawyer to do everything you can for the outcome to be favourable for you. Calvin Barry Law will be able to help. Contact Calvin Barry today to discuss what steps are next best to take legally. 

Driving While Impaired By Drugs – Must Know Changes to the Law

The recent changes in how cannabis is allowed to be sold and used caused a change in how our government handles cases related to the use of substances before and during driving. Read below to find out what the latest changes are and what they mean.

The Changes

The new stand on the law states the following:
  •      An oral fluid sample may be demanded by a peace officer from a driver suspected of driving under the influence
  •      The peace officer will have reasonable grounds to believe that the driver committed an offence should the oral fluid sample test positive for a drug, and validates an arrest
  •      An evaluating officer will demand a drug evaluation or a blood sample from the detained driver

New Guidelines

Furthermore, a new criterion for determining the level of cannabis in the driver’s body has been established. This is based on the level of THC in the body of detained person.  Full details are at:

  •      2 nanograms (ng) but less than 5 ng of THC per milliliter of blood measured at within 2 hours of driving will be punishable by fine of up to $1,000  and be treated as a separate summary conviction criminal offence
  •      5 ng or more of THC per milliliter of blood measured at within 2 hours of driving can be treated as a summary conviction or an indictment depending on severity because it is classified as a hybrid offence
  •      Combined THC and Alcohol wherein the blood alcohol level is over 50 mg per 100 milliliter of blood combined with a THC of more than 2.5ng per milliliter of blood measured within 2 hours of driving is also a hybrid offence

Note that the maximum penalties for those found to be driving under the influence of alcohol is the same as those who were caught driving under the influence of drugs.

Need help from a DUI lawyer in Toronto? Calvin Barry is a veteran of handling drug charges, Over 80, and impaired driving charges in Canada. If you or someone you know have an issue with driving under the influence contact DUI Lawyer Calvin Barry today!


Thursday, June 21, 2018

Canada To Increase Fines for DUI Over .12

The Canadian government is going to increase fines for criminal DUIs and making a move to codify aggravating factors that are usually left for a judge to decide on.

Fines to Change

The omnibus Bill C-46 brought on the changes related to drinking-driving offences, even changing the designations for DUI now having DUI over 0.12 and DUI over 0.16.

Different punishments will be meted for different blood-alcohol concentration in the new proposed law. If it pushes through, a person with a blood-alcohol concentration (BAC) of 0.12 will face a minimum fine of $1,500 and a person with a BAC of 0.16 will face a $2,000 fine. The fine to be paid is on top of facing a criminal conviction, needing to attend remedial programs, and having a 1-year driving prohibition.

The new fines are a bit hefty compared to what judges usually order particularly for first time offenders. However, to be fair, a lot of impaired driving cases do involve people driving around with a BAC 0.12. The fact that the difference between a 0.11 and a 0.12 can be chucked to a breathalyzer error or some other factor has been considered but wasn’t given much weight.

Judges No Longer Have a Say on Aggravating Factors

Getting fined $2,000 because you resisted arrest, have a BAC of 0.25, and tried to flee an accident site is fair but under the new law, a person simply driving with a BAC 0.16 will be fined the same. This may raise your eyebrows and you won’t be alone in thinking something isn’t adding up. However, the new law will have to be observed and implemented whether people agree with it or not.

It is clear that bill C-46 aims to create a mandatory list of minimum fines for different BAC of those caught committing a DUI. This change means that further evaluation of the case and circumstances will no longer have a bearing on the fine. It is now only a matter of months before the bill becomes an actual law.

New Punishments for DUI Offences

Minimum punishment will be comprised of paying a fine of $1,000 for first offence, an additional of 30 days imprisonment for second offence,, and imprisonment of 120 days for the third offence and above. Imprisonment of no more than 10 years will be meted if the offence is prosecuted by indictment. For offence that is punishable on summary conviction, punishment will be an imprisonment of not more than 2 years minus a day. Paying a fine of $1,500 for a BAC of 0.12 and paying $2,000 for a BAC of 0.16 goes on top of previously mentioned punishments

Do you need assistance from a DUI Lawyer in Toronto? Contact Calvin Barry Law for help! Calvin Barry specializes in Criminal Law and has handled an impressive number of DUI cases. Make sure that you’ll tackle your DUI charge as smartly as possible by talking to us as soon as possible. Call Calvin Barry today! Also, follow Calvin on TwitterLinkedIn and Facebook here!

Thursday, June 7, 2018

What To Do When You Get a DUI Charge for The First Time

Hiring a DUI lawyer is the first thing that anyone accused of driving under the influence or facing a DUI charge should do. 

The above is to ensure that a good defense is established early on more so that territorial, provincial, and federal governments are quite strict and ruthless when it comes to prosecuting DUI cases.

Groundwork for Good Defense

Whether or not one is guilty of driving under the influence, the courts follow a procedure wherein the accused will be asked to appear in court. Should the first court appearance is to be without a lawyer, the defendant can file a request for two to three weeks continuance to find and hire a DUI lawyer. In the event that the prosecutor provides a disclosure package containing witness statements and police notes, a charge screening form, and a synopsis of DUI charge, this should be safeguarded and shared with the selected lawyer. 

Going for A Guilty Plea

Hiring a DUI lawyer is a must even for those who plan to plead guilty. This is because even with a guilty plea, there are still negotiations to be done that can turn events to be more favourable for the defendant. 

Note that pleading guilty will lead to a criminal conviction that will be tied to one’s name for life. It will be there no matter how much fine was paid and no matter how  long a jail time was served. It is one thing to be accused and convicted and a totally different thing to convict one’s self. For one, holding a public office will be next to impossible as well as having a career as a medical professional, a legal professional, part of the law enforcement, and many more. You will have to be fully aware of the consequences of pleading guilty before doing so. Having a DUI lawyer can help you with this. 

Defend Against a DUI Charge

Choosing to fight a DUI Charge should begin with a good strategy formulated by a Criminal Lawyer. This requires a detailed initial consultation between the accused and the DUI lawyer to counter check all details which include but are not limited to:

What the accused drank or ingested
What the police saw and said
What the defendant saw and said
How were the intoxication tests administered 
Were there any witnesses
Was the protocol followed
How the arrest was done

Part of the defense for a DUI charge is for the defendant to behave as a model citizen and not cause trouble during the case’s duration. This means dressing appropriately for court, showing up on time, responding respectfully when addressed, and generally showing a sense of social responsibility. Know that no matter how amazing a DUI lawyer is, things will not end well with a client that comes to court late and obviously intoxicated. 

A good DUI lawyer will prepare the client for cross examinations and giving testimonies, possibly going over questions the other party will ask to help the client be more confident and eloquent when speaking in court. All in all, a defendant that can show the court that he’s repentant and shows commitment to be a better person is a dream client to defend for DUI lawyers. 

A DUI conviction can mean a stain on your record that can affect what jobs you can take, where you can buy or rent a home, how much insurance you’ll have to pay, and more. You need to ensure that you don’t hurt your chances of getting a DUI pardon as soon as possible and that you have a DUI lawyer that can mitigate your charges. Calvin Barry is a Criminal Lawyer in Toronto that can help with this. Contact Calvin Barry Law today!

Also, follow Calvin on Twitter and Facebook here!

Monday, June 4, 2018

What You Need To Know About Disclosure in Canada

A disclosure package is given to any individual charged with a criminal offence in Canada to inform that individual of the case to be met in order for the same individual to make full answer for defence. 

Generally speaking, the Crown is obligated to disclose all information and control it has on the case with the exception of instances wherein those information are not relevant or when they are subject to privilege.

Inclusions in a Disclosure Package in Canada

Due to the importance of disclosure information in forming defence for the accused, the following are the typical items found in a Canadian disclosure package:

  • A synopsis consisting of the summary of allegations for the Accused
  • Statements provided by the Accused in videotaped, written, or audiotaped format
  • Statements provided by civilian witnesses in videotaped, written, or audiotaped format
  • The Accused’s criminal record
  • Memorandum notes by police officers
  • Copies of related court orders such as Probation Order, Recognizance of Bail, and the like
  • Applicable documentary evidence such as banking records, Expert Reports, and surveillance video

Important Details about Disclosure in Canada

It should be noted that the initial disclosure package need not necessarily include all the details that the Crown is obligated to disclose, and thus, important details might be missed if a case was handled by an inexperienced lawyer. 

An experienced criminal lawyer is your best bet in making sure that you’ll have all the information you need to formulate a good defence, more so in cases where missing out on one key detail can mean a huge difference in a case’s outcome. 

Drinking and Driving cases such as Impaired Care and Control, Excess Blood Alcohol, Impaired Operation, and Refusal to Provide a Breath Sample are cases that heavily rely on machinery and tools that may not reflect the truth. It is important to be able to scrutinize how the data were obtained and what they truly mean. Remember, success in defending criminal cases rests largely on how much information you have. 

Need to talk to a Criminal Lawyer in Toronto to help you understand Disclosure further? Calvin Barry is no stranger to Drinking and Driving cases and related charges. Contact Calvin Barry Law today!

2 Charges Dropped Against Calvin Barry's Client Mike Bullard

Calvin Barry's client Mike Bullard saw 2 charges against him dropped last week. Mr. Bullard is no longer facing the obstruction of justice and criminal harassment charges. 

Mr Bullard's lawyer, Calvin Barry was quoted as saying "it was very rare and I was quite surprised. Those were the two, by far, the most serious charges". My Barry also feels confident that the remaining charges will not lead to conviction. He stated "we're very close to resolving things". "It's not in the public interest to go ahead". 

Calvin Barry also said that Bullard has not had any contact with Mulligan for over two years and that his client would "gladly agree to a peace bond so both parties can move on." "This should properly resolve itself."

Read the Toronto Star article here.

Sunday, June 3, 2018

Calvin Barry - Pleading Guilty For A DUI In Canada

Pleading Guilty just to get things over with may work in your favor for a lot of cases, but that isn’t really true when pleading guilty for a DUI in Canada.

It  is often the case that those who’ve had their first DUI charge don’t want to deal with the anxiety and stress of going to court appearances and think that pleading guilty can result to less issues down the road. This is far from reality and the following reasons will tell you why.
It is Okay to Take Your Time

There is no rush when pleading guilty for a DUI in Canada because the court’s process takes months! You’ll have a few weeks to procure a criminal lawyer after your first court appearance (guilty plea or none). Your hired lawyer will take weeks to review the case against you, combing the disclosure for details and requesting for more information if needed.

You’ll Be Better Off When Making an Informed Decision for Real

Pleading guilty for a DUI in Canada during your first court appearance is like trying to pilot a plane on your first day at flight school. You don’t know how things work and by insisting on plunging head-on, you’ll be putting yourself in trouble and jeopardizing your future.
A Strong Case Against You May Be Absent

Your first court appearance is all about obtaining your disclosure – the file that contains the evidences against you as well as other important details that can help defend your case. It is possible that the disclosure can unlock the gates to your freedom!

Your Disclosure Can Clear Your Name

Some DUI arrests have mistakes that can mitigate circumstances or it is possible that you’re not supposed to be charged due to lack of evidence to begin with. A seasoned criminal lawyer can uncover all that and advise you on the best course of action to take to make the case’s outcome more favorable for you.

Remember, pleading guilty may or may not be the best course of action if you’ve been arrested for a DUI. It is best to consult with a criminal lawyer with an extensive experience handling DUI cases. Calvin Barry is a criminal lawyer in Toronto who can help. Contact Calvin Barry Law today!

Friday, May 25, 2018

Definition of Impaired Driving Has Limitations As Shown on an Ontario Ruling

Getting convicted for driving under the influence means that a DUI charge will be linked to your name. This link will be there for years to come until such time that you’re able to get a record suspension or a DUI pardon with the help of a DUI lawyer.

But what constitutes impaired driving? 

Is it impaired driving if you simply slept in your parked car while waiting for the effects of alcohol intoxication to go away?

Would you be fine with going to jail for sleeping in your car when you’re drunk because you did not want to drive until you are feeling much better?

Location, Location, Location!

What defines impaired driving or driving under the influence differs widely between provinces and territories. In a 2016 case in Ontario, a drunk man was found sleeping inside his car which was parked outside a housing complex in Burlington. He was charged with DUI.

The Ontario ruling by Justice Alan D. Cooper stated that the man, Ryan Toyota, was not guilty of any criminal offences despite leaving the engine and the exterior lights on because of several factors. One factor is that he meant to stay in a friend’s house but got locked out. Another is that he had to stay inside the car because this occurred in February 2015 in sub-freezing temperatures.

The ruling focused on a section of the Criminal Code which establishes the presumption of care or control of the vehicle – stating that the risk of danger is a fundamental element of care and control.

In the court’s opinion, they believed that Mr. Toyota had no intention of driving his vehicle and that the engine was just left on to keep himself warm. They also believed that Mr. Toyota had no means of getting inside his friend’s home because the homeowner passed out after accidentally locking the door on the way in.

The court said that it was clear that Mr. Toyota intended to spend the night in his friend’s home and made do with the safer course of action when given no other options except staying in his car or driving home.

What Really Happened

The police report did say that they found the defendant inside his vehicle which was parked outside the housing complex in sub-zero temperatures. The officer opened the door and smelled alcohol so he asked Mr. Toyota to step out and found that he was intoxicated. Mr. Toyota was then arrested and brought to the police station to be tested.

Real Justice

Justice Cooper noted in his ruling that the data from the police clearly stated that Mr. Toyota’s car was parked properly and in no danger to anyone at the time the police officer found him. Although there was a realistic risk of the defendant choosing to drive in his intoxicated state, the fact remains that he did not.

The court also believed that although Toyota’s blood alcohol level was lot higher than what defines legally drunk, it is highly unlikely that he would have suddenly change his mind and go driving if the officer didn’t find him. At the end of the day, the details of the circumstances dictated the court’s ruling.

The above is why you need a seasoned DUI Lawyer to help you deal with a DUI charge. Not everyone who is in a vehicle and intoxicated mean to do harm or is a danger to people. Calvin Barry Law specializes in uncovering the truth. He is the Toronto Criminal Lawyer that you need on your side! Contact Calvin Barry today!

Thursday, May 24, 2018

Calvin Barry | Alcohol Boating and the Law | What You Have to Know

Boating in Ontario is a common past-time that is loved by many more so for warmer months when it can feel like there’s not a better feeling than being on the water with a cold beer in hand. Before you get too excited, know that alcohol is frowned upon by the law when boating and more importantly, there are a lot of things you must know regarding the law doesn’t like you mixing boating and alcohol together.

When Are You Boating?

Are you aware that simply floating on a drifting kayak is part of what is considered boating? Vessels include inflatable rafts, sea-doo, dinghy, canoe, sailboat and canoe as defined by S.124 of the Canadian Criminal Code.

When Are You Boating and Drinking?

Being on a vessel (with no one else controlling it) while with a higher than the standard blood alcohol level is penalized with the same severity as committing Driving with Excess Blood Alcohol and Impaired Driving.

What Happens When Caught Boating with Alcohol?

A person on a vessel when stopped by an officer will be arrested for Impaired Operation if the officer perceives that the person in question is not fit to operate a vessel or if the officer has reason to believe that the person has had quite a lot to drink.
In the station, the arrested individual will be asked to provide breath samples into a breathalyzer to determine his or her blood alcohol level. A blood alcohol level that is more than 80 milligrams per 100 milliliters is considered to have committed an Over 80.

Specifics vary widely in terms of what was actually committed and how the arrest was made. The bottomline is, you cannot be ‘in control’ of a vessel and drinking alcohol as well. Barring certain circumstances, it is better for everyone on board to not be drinking to be on the safe side of the law and not get convicted because of a technicality.

Need help handling an alcohol-related boating offence? Call DUI Lawyer Calvin Barry ! He handles more than impaired driving cases and can assist you with your boating and alcohol-related charge.