Tuesday, December 18, 2018

False Confessions Hurt People and Promote False Truth

False confessions lead to about 15% of wrongful convictions and can hurt an involved individual for the long term. It is of the highest importance to identify and address false confessions to save people from years of misery behind bars. This is possible with the best criminal defence lawyer that you can find.

Why People Make False Confessions

People who are under emotional stress have a psychological tendency to provide false confessions. Sometimes they do it because they think that doing so can hasten things along or keep them out of worse situations. Sometimes people do it because they are not in the right state of mind such as when they are intoxicated, hurt, or think that they got no way out because they don’t understand the law. There are instances when false confessions were brought on by coercion or by those who think that their loved ones might be in danger if they don’t own up to something they didn’t do. In some cases, false confessions were brought on by those who think that they will somehow benefit from providing false truth.

The Reid Technique for False Confessions

Interrogators in Canada and the US use the Reid Technique to question suspects. Reid Techniques follows 3 phases - Facts Analysis, Behaviour Analysis Interview, and the 9-Step Interrogation process. This is designed to verify information as well as to observe the suspect’s behavior in view of facts presented. The goal is to gradually make the accused individual more comfortable with admitting the truth.

The Mr. Big Technique

The Mr. Big Technique is an elaborate technique used by undercover officers to get a confession from a cold case. This involves befriending the suspect, getting the suspect involved in petty criminal activity as part of a gang or organization, and then telling the suspect that they know about his past to get the suspect to confess believing that he/she will be protected by the gang or organization. This technique involves a lot of people and time and can lead to false confessions because some people will confess to anything to remain accepted by the gang or organization.

If you or someone you know made some false confessions and would like to set things right, Calvin Barry is your man! Calvin Barry Law has decades of experience as a criminal lawyer in Ontario. If you’re looking for the best criminal defence lawyer, contact Calvin Barry!

Thursday, December 13, 2018

Definition of Consent in Canadian Courts

Consent is a crucial factor to establish whenever the court is dealing with a sexual assault case. The Crown often prosecutes cases of sexual assault with an added degree of extra thoroughness although it goes without saying that all criminal charges are treated as a serious matter.  For this reason, you need a sexual assault lawyer in Toronto who have handled similar cases successfully when you’re charged with sexual assault.

In Canada, the individual who initiated or pursued the sexual activity should make sure that the other individual is freely participating with consent or risk getting charged with sexual assault. But what is consent? How is consent defined in Canada?

What Is Consent?

Canada’s Criminal Code defines consent as the voluntary agreement to engage in sexual activity under 273.1(1) subsection. If the complainant did not explicitly agree to engage in sexual activity with the accused, then there is no consent.

What Is Non-Consent?

Non-consent under the Criminal Code’s Section 266 is defined as the complainant not resisting or submits to the act because of the following applied to the complainant or another person:
  • ·        Application of force
  • ·        Threats
  • ·        Fear of the application of force
  • ·        fraud
  • ·        exercise of authority

Subsection 273.1(2) clarifies that no consent is applicable in the following situations as well:
  • ·        When consent was given by anyone else besides the complainant
  • ·        When the complainant is not capable of giving consent (intoxicated or unconscious)
  • ·        When the complainant was induced to participate because of accused’s abuse of authority or position of trust
  • ·        When the complainant expresses not wanting to engage in sexual activity either by behavior or words
  • ·        When the complainant expressed not wanting to continue with the sexual activity despite earlier consent given

Consent cannot also be given if the accused mistakenly believed consent was given due to intoxication, not making sure consent was given, or choosing to ignore words or signals that would signify consent wasn’t given.

Note that the age of consent in Canada is 16 years with exceptions given to 14 to 15 years old as well as 12 to 13 years old if the partner can meet several criteria. This is best discussed with a sexual assault lawyer for clarity.

Contact Calvin Barry Law if you or someone you know has been charged with sexual assault. Calvin Barry has decades of expertise as a criminal defence attorney and can help you defend your assault case successfully.

Friday, December 7, 2018

Calvin Barry Representing Victoria and Jason Small in Emotional Animal Abuse Case

Calvin Barry was recently hired to respresent Victoria and Jason Small, who have been accused of animal cruelty and abuse causing death. This case made national headlines last spring when 28 dead or abused horses were discovered on a rented farm in Stouffville, Ontario.
Calvin Barry was in court recently, where his clients did not appear.
“The Smalls are not required to appear for these hearings and it’s not unusual for accused to steer clear of what could be considered a “hostile” environment”, Barry said.
“Anytime there are cases with heated debate, with political issues and victims, emotions can be stirring outside the courtroom or parking lot.”
The Smalls have a right to due process and are presumed innocent until proven guilty, he added.
Read the full article here.

Monday, November 12, 2018

Calvin Discusses the Rohinie Bisesar Case with Alex Pierson on AM640

Calvin was interviewed on November 2nd by Alex Pierson to discuss Rohinie Bisesar. The Crown and Defence agreed that she was not criminally responsible for her actions in the Shoppers' Drug Mart stabbing in 2015.

Flashback: Calvin Barry Featured on Good Morning America Discussing Rohinie Bisesar Case

With Rohinie Bisesar being found not criminally responsible last week for the deadly Shoppers' Drug Mart stabbing, we take a look back to December of 2015 with Calvin Discussing her case on Good Morning America.

Thursday, October 18, 2018

Throwback Thursday: Calvin Barry Represents Caulking Gun Implants Woman

Marilyn Reid became infamous in 2015 when she injected industrial silicone oil into the buttocks of women with a caulking gun . With a call for a 10 to 12 year sentence, her defense lawyer Calvin Barry had a unique and difficult task ahead of him. 

Here are some articles detailing this case and the events that followed:

Do 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!

Monday, October 15, 2018

Calvin Barry is President of the Alumni Board of Canada for the Delta Chi Fraternity

Calvin Barry is proud to be the president of the Alumni Board of Canada for the Delta Chi Fraternity. 

Delta Chi (ΔΧ) is an international Greek letter collegiate social fraternity formed on October 13, 1890, at Cornell University, initially as a professional fraternity for law students. On April 30, 1922, Delta Chi became a general membership social fraternity, eliminating the requirement for men to be studying law, and opening membership to all areas of study. Delta Chi became one of the first international fraternities to abolish "hell week", when it did so on April 22, 1929. Delta Chi is a charter member of the North-American Interfraternity Conference (NIC). As of Fall 2016, Delta Chi has initiated over 113,000 members at over 120 Chapters and Colonies, with 29 Alumni Chapters. Its headquarters is in Iowa City, Iowa.

To learn more, please visit http://deltachi.org

Thursday, October 11, 2018

Throwback Thursday: Calvin Represents the 'Spice man'!

When Naveen Polapady threw Indian spices in the face of an alleged car thief, he became an instant social media hero in Toronto. 

With Calvin Barry as his lawyer, here are some articles detailing the incident and the events that followed:

Need the services of Toronto's best DUI lawyer? 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!

Wednesday, October 3, 2018

Calvin Barry Featured in Acclaimed Documentary Prison Pump

Calvin Barry was recently featured in the new CBC documentary Prison Pump that aired on September 28th.

In Prison Pump, veteran documentary director Gary Lang shows us Vivar’s determination not only to survive this serious setback but to thrive on this new life path and finally become a role model to the sons he thought he’d never see again.

Prison Pump tracks the development of 25/7—the innovative fitness program Vivar developed in prison—which is now saving lives by both promoting healthy living and providing an outlet for ex-convicts who are struggling to re-enter society.

Watch the full documentary here: https://www.cbc.ca/cbcdocspov/m_episodes/prison-pump

Monday, September 24, 2018

Calvin Barry Professional Corp Sponsors OPP Fundraiser

We were proud to sponsor a hole at the Andy Potts Memorial Tournament on Thursday, September 20th.

Provincial Constable Andrew J. Potts was a proud member of the Ontario Provincial Police. Andy had served the people of Ontario for seven-and-a-half years, initially serving at the Pickle Lake Detachment in 1998. While in Pickle Lake Andy received the Commissioner's Citation for life saving. Andy returned home to Muskoka in 1998.

On 20 July, 2005 Constable Potts and his partner Constable Matt Hanes responded to a call for service while serving the people of Muskoka. While enroute to this call the officers were involved in a motor vehicle collision. Constable Potts did not survive and his partner was seriously injured.
The Andy Potts Memorial Foundation now includes three fundraising events; The Andy Potts Memorial Golf Tournament, Andy's Ride and this year the inaugural Andy’s Snowshoe Poker Run. Family and friends have created these events to celebrate Andy's life and give back to the community that he loved and served.

To learn more about the Andy Potts Memorial Foundation, please visit: https://andypottsmemorialfoundation.com

Calvin Discusses Relationships and Criminality on AM 640

Listen to Calvin Barry discuss relationships and criminality on the Dating and Relationship Show on AM 640 Sunday Sept 23rd, 2018.

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, August 1, 2018

New Phone Scam Rips Off More Than $5M from Five Torontonians

New fraud scheme targeted Torontonians and was able to fleece them out of more than $5M. Further evidence that phone scams are everywhere and with advances in technology, fraudsters seem to be getting smarter as well.

New Phone Scam Targeting Canadians

This new phone scam was targeted for land line users rather than cellphone users. It also seems to have the technology to keep calls connected and stay on the line even after victims hang up and call their banks or 911.
Toronto police shared that five victims from Toronto were drained of more than $5M, a huge sum!
The fraudsters pretend to be concerned retailers who are just alerting the victim of a possible fraud that is currently happening using their credit card. They then suggest that the victim should call their bank or 911 which the victims promptly do as soon as they hang up…only that the call isn’t really  over because the fraudsters are using technology that allows them to stay on the line. The fraudsters also pretend to be the victim’s bank or 911 when the victims thought they’ve dialed a new call. From herein, they convince the victim that the card fraud has to be investigated so the victims will have to move their money to an external bank account.

What the Police Says

Det. Sgt. Ian Nichol says that the fraudsters are pretty good pitch men. He also shared that the fraud has foreign involvement but that he can’t disclose where the calls are from more so that there may be domestic involvement as well.
Nichols shared that one thing the police can say is that this specific phone scam was engineered for landline use as the fraudsters seem to have created a way to make their modus possible.

Smart Criminal?

Police also shared that those who were victimized weren’t the type that would fall for scams. They added that this emerging scam could be targeting a lot of residents in Canada and must have been going on for the past few months as some of the victims shared.
Police believe that the victims were duped into providing their information and were prevented from seeking further help early on because the fraudsters convinced them that things must be kept under wraps as the supposed case is under investigation.
The smart criminals even told victims that bank employees could be in cahoots with fraudsters, further making victims think that they are dealing with the right authorities. The fraudsters were also reported to conduct follow up calls to update victims about the status of the ‘investigation’.
The calls would usually go on for a few days and only stop after the fraudsters have fleeced off everything they can from the victims (after they have withdrawn all money).

More Investigation Needed

The police are currently trying to find out if the victims were targeted because they have money or if the fraudsters simply got lucky with the calls they made. They are currently following leads and hoping they can catch the scammers before they strike again.
Worried that you’ll be targeted for a phone scam as well? It pays to be well-informed! Read about how phone scams can trick you and don’t forget to report suspected cases to the proper authorities. If you need help tightening your security measures or investigating possible fraud, feel free to contact us.

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: https://www.canada.ca/en/healthcanada/news/2017/04/backgrounder_changestoimpaireddrivinglaws.html

  •      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!