There is no doubt that a
charge of impaired driving is a serious offence with equally profound
consequences; however, since impaired driving offences are also the most common
types of offences charged under the Criminal Code, those who’ve had a
conviction can apply for a possible record suspension or a pardon.
What is a Pardon or a Record Suspension?
Getting a record
suspension or a pardon for driving under the influence does not mean that the
conviction is erased from all records, it only means that the conviction record
is set aside to be accessible only under certain situations or circumstances.
Living with a Criminal Record
Having a criminal
conviction for driving under the influence or impaired driving means a person
was caught red-handed operating a vehicle with more than 80 mgs of alcohol per
100 ml of blood. In most cases, nobody is hurt and yet the convicted individual
face life-long consequences having difficulty obtaining property, getting
employed, or even traveling. To have a fruitful life after conviction, a record
suspension or a pardon is definitely something worth looking over.
Getting a Record Suspension
Qualifying for a record
suspension in Canada for a criminal driving offence means you must meet 3
conditions, namely:
- You have completed your sentence including restitution, compensation, surcharges, and fines.
- You must complete the full waiting period required after completing your sentence which is 10 years for a conviction of an indictable offence and 5 years for conviction of a summary offence.
- You must have no new convictions and must be on good behavior.
Once you meet all the
above, you may proceed with your application with the help of a criminal lawyer. Although there are cases wherein
you can do this on your own, consulting a lawyer will minimise errors and generally result in a
favourable outcome because a lawyer will review your eligibility and help you
compile needed documents.
If you or someone you know
wants to apply for a pardon for an impaired
charge, contact Calvin Barry for consultation. If you’re facing an impaired
driving charge, Calvin Barry is the lawyer of choice in Toronto!
