Reducing an Impaired Driving Charge to Careless Driving
Facing an impaired driving charge can be intimidating as it carries serious consequences that can impact your future. However, you may be able to have the charge reduced to a lesser offence called Careless Driving.
An experienced criminal lawyer can assess your case and help you understand how to navigate this challenging situation. Although not applicable to everyone, thorough review of the facts of your case can help determine whether or not this can be a viable resolution option.
Why Consider a Careless Driving Charge?
Impaired driving charges come with significant legal consequences which can include:
– Licence suspension
– Fines of over $1000
– A criminal record which can affect employment and travel opportunities
– Other conditions such as the installation of an interlock machine and/or attendance in an educational course called “Back on Track”
Careless driving on the other hand is a lesser charge with fewer consequences
– Smaller fine
– No criminal record
– Licence suspension is not mandatory
– Less severe effects on driving history and insurance
Can your Charge be Reduced?
Reducing an impaired driving charge to careless driving requires an experienced criminal lawyer who can negotiate. With strong negotiation skills and thorough review of the case, a reduction can be possible depending on several factors, including:
– The Strength of the Evidence: Finding weaknesses in the evidence and using them to an advantage is imperative to advocate for a lesser charge.
– Legal Strategy: Part of negotiation requires strategy, such as questioning the reliability of evidence or the circumstances surrounding the incident.
– Public Interest: Highlighting that it may not be in the interest of the public to pursue an impaired driving charge using mitigating factors.
Ultimately, it is the Crown prosecutor’s decision to reduce the charge. The art of negotiation is vital in this step which is why it is important to hire an experienced criminal lawyer.
Criteria Crown Prosecutors May Use to Reduce the Charge
Public Interest
– In some cases it can make more sense to discontinue prosecution depending on the case facts and offender history
– First time offenders can be given leniency and offered a lesser charge with education or community service programs
– Waste of court resources?
– Driving impaired is a viewed very seriously in the eyes of the law, typically it is pursued to enforce deterrence
Reasonable Prospect of Conviction
– A case must be strong enough to convict, but sometimes it is not
– If the prosecutor recognizes there is not realistic prospect of conviction, they can withdraw the charges
o A careless driving charge can be proposed in these situations
Factors that may deem ineligibility for Careless Driving
– Bodily harm or death because of impaired driving
– Prior history of similar offence(s)
– Accused’s blood alcohol concentration is equal to or greater than 120 mg
– There is a prior HTA “warn” or licence suspension
– The accused refused to provide a breath sample
Choosing the right criminal lawyer
While reducing an impaired driving charge to careless driving is not guaranteed, it can be a viable option depending on the circumstances of your case. Having a skilled criminal defence lawyer to guide you through the process and achieve a favourable outcome is essential.
If you are charged with impaired driving, consult with us today to explore all your available options. Bhangal Law has over 30 years of experience and our clients rights are our top priority.
Frequently Asked Questions
1. What is the difference between impaired driving and careless driving?
Impaired driving is a Criminal Code offence that one is charged with when they operate a vehicle while under the influence of alcohol or drugs. It is a serious charge accompanying serious consequences such as licence suspension, large fines, a criminal record and possible jail time.
Careless driving is a Highway Traffic Act offence that can be laid when a driver operates a vehicle without due care or attention. It carries lighter consequences with smaller fines and no criminal record.
2. What are the chances of my impaired driving charge getting reduced?
There is no guarantee that your charge will be reduced. Each case is unique, and it largely depends on the specific facts and circumstances surrounding your offense. A well-prepared defense and strong legal arguments can increase your chances, but it’s ultimately up to the prosecutor to decide whether to offer a reduction.
3. What are the long-term impacts of an impaired driving conviction?
An impaired driving conviction can have long-term consequences, including:
- A criminal record that could impact future job prospects and travel.
- Increased insurance premiums due to the conviction.
- Potential employment restrictions if a criminal record is required to be disclosed.
Reducing the charge to a lesser offense like careless driving can help you avoid these long-term consequences and move forward without the same burden.
4. Can a first-time offender reduce their charge more easily?
Not necessarily. It may improve your chances as the Crown may be more likely to offer a plea deal. However, impaired driving is a serious offence and reducing the charge requires an effective lawyer to craft a strong legal case for reduction.
Contact Avtar Bhangal or Savena Bhangal to assist 647-802-4211
They have represented 1000’s of client’s charged with Impaired Driving, and use their experience and knowledge to attempt to obtain an optimal resolution.
