Legal Experts Warn About Changes To The Impaired Driving Laws Of Canada That Could Give Far-Reaching Powers To The Police

Police could show up on your doorstep up to two hours after you arrive home in order to collect demand a breath or saliva sample if Canada’s new DUI laws are passed.Calgary defence lawyer Dale Fedorchuk says the proposed law “begs” to be challenged constitutionally and one of the things that concerns him most. Fedorchuk stated that if the law is passed, the officers would have the power to charge someone with impaired driving, even after they have parked their vehicle.The Trudeau government last month introduced sweeping changes that include mandatory roadside breath samples and much harsher penalties for some offences that could result in up to 10 years in prison among other measures.

If the Police have a reasonable suspicion that a driver has drugs in their body they can also demand a roadside saliva sample. The said changes were announced the same day the federal government unveiled its bill to legalize marijuana and are becoming the topic of debate among lawyers, legal experts and victim groups who are lining up to either praise or ban the legislation.Officers can simply demand a test and drivers will have no choice, since refusing to provide a sample is a Criminal Code offence. As per Section eight of the Canadian Charter of Rights and Freedoms “everyone has the right to be secure against unreasonable search or seizure.”
According to Fedorchuk, the proposed law could shift the burden of proof onto an accused. He said for example, that someone who is approached by police at their residence would have to prove they consumed alcohol or drugs at home after they exited their vehicle and were not driving drunk.Calgary police officers appear supportive of the new changes especially the section that drops the requirement that an officer must first have reasonable suspicion before demanding a breath test. Mothers Against Drunk Driving stated the proposed changes are a good first step.

Read the full article here: https://www.heraldnet.com/marketplace/stopped-for-a-dui-heres-what-you-need-to-know-about-your-breath-test-sample/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Your Legal Liability if Your Guests Drive Home Drunk

You host a party where there’s food, music, cheering and alcohol. Then a guest, who has had a few drinks, gets into their car and drives home while under the influence. Are you liable to be held responsible if your guest or anyone else gets hurt in an accident? If you are having a party that includes alcohol, you should ensure that everyone who drinks gets home safe with the help of a driver, a cab or a room to lie in after the party is over. In case of bartenders and licensed establishments, there is a clear legal duty to cut out the alcohol if patrons seem intoxicated and to ensure they get home safely but for individuals who throw private parties, the law isn’t clear. However, the risk of legal liability exists and legal responsibilities may be broadening scope wise.

A case in Canada Childs v. Desormeaux, where a woman was paralyzed and her boyfriend killed in a car accident struck by the driver who had been drunk. The woman sued the hosts of a New Year’s party attended by the drunk driver who bought his own alcohol to the host’s home. According to personal injury lawyer Jeremy Diamond, the Supreme Court of Canada concluded that the social hosts do not owe a duty of care to third parties injured by intoxicated guests and added that the case did not determine whether there was a duty of care in other circumstances, such as foreseeability of harm is present for the guests themselves.

In order to reduce the risk of liability there are a few things hosts can do apart from providing accommodation and transportation such as not making drinks the focus of the party, cutting out alcohol well before time, take car keys away from the guests if necessary and avoid guests having serve themselves. Otherwise, with the inclination of the law to change itself according to the need of the hour it appears there would be a time when hosts will have to hire an impaired driving attorney for them in the near future.

Read the full article here: https://globalnews.ca/news/3926502/drunk-driving-canada-social-host-liability/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Man From Des Plaines With 15 DUI Convictions Accused Of Driving On Revoked License In Hit And Run Crash

Christopher Clingingsmith, aged 52, has been charged with violating the terms of his bond in a pending DUI case as he was driving on a revoked license and possessed a fake ID in a hit and run crash, according to prosecutors. Clingingsmith is a Des Plaines man who has about 15 DUI convictions and a pending DUI case and was involved in a hit and run crash last weekend in Arlington Heights, Cook County on a revoked license. He had been free on a $400,000 bond on the DUI charge and the said bond was revoked at a hearing on Thursday, in Rolling Meadows branch court. Judge Steven Goebel, set bail at $1 million for charges related to the crash. According to the judge, Clingingsmith has the potential to be very dangerous as he has 15 prior DUI’s and was operating a two-ton motor vehicle.

Clingingsmith was involved in a hit and run crash and was arrested in Rolling Meadows after the crash took place early Saturday near White Oak Street and New Wilke Road in Arlington Heights. He faces up to 30 years in prison if he is convicted of the current DUI charge which is a Class X felony. He faced four previous prison sentences for DUI and other convictions according to authorities.

In the pending DUI against him, Clingingsmith was arrested by Arlington Heights police after he fled away from a hit and run crash in Des Plaines in June and crashed into another vehicle on Northwest Highway and Arlington Heights Road and was taken into custody thereafter, as per prosecutors. Clingingsmith’s next court hearing on the DUI case is April 25 in the Rolling Meadows branch court and it appears that no impaired driving defence will be helpful to him looking at all the previous convictions and pending case.

Read the full article here: https://www.chicagotribune.com/suburbs/ct-met-repeat-dui-offender-court-hearing-20180323-story.html

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Things You Need to Know About Your Breath Test Sample if Stopped for a DUI

Stopped for suspicion of driving under the influence of alcohol and given a breath alcohol test? Well, here is all that you need to know:

According to lawyer Ziad Youssef of MyTrafficMan.net the Draeger 9510 is the breath alcohol instrument most commonly used in Washington DUI investigations and like the DataMaster, which is an obsolete instrument, it analyzes breath to help police estimate the level of alcohol in a person’s blood.

According to the prevalent laws in most of the states, the legal limit for breath alcohol has been set at .08, which means that anyone with a breath alcohol level of .08 is assumed to be driving under influence. However, recent developments in DUI defense strategies have created reasons to doubt the results of the instrument. The Draeger 9510 works with the help of software that has yet not been validated by the state. The said software controls the data when the breath alcohol sample is collected. It has sensors that check and record flow rate, volume, breath alcohol level and time to ensure the minimum criteria for a breath sample.

As per the DUI law in Washington, the instrument has to test only the last portion of air exhaled by the driver into the Draeger among other things. Challenging the reliability or accuracy of a Draeger 9510 breath test or its functioning have not resulted in the inadmissibility of the test results which means the hearings officer at a Department of Licensing hearing and the jury in a criminal trial will likely see results and they may consider the challenge in deciding what weight to give the test result. Presenting evidence of an invalid test is critical to successful hearing and may save the driver from DUI penalties since the burden of challenging the weight of a breath test is on the driver.

Read the full article here: https://www.heraldnet.com/marketplace/stopped-for-a-dui-heres-what-you-need-to-know-about-your-breath-test-sample/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Judge Who Told Twin Cities Police Officer “I Am A Ramsey County Judge” Charged With DUI.

Ramsey County District Court Judge G. Tony Atwal was charged with DWI on January 2 as a St. Paul police officer asked him to get into the squad car on New Year’s Eve even though the man had told him “I am a Ramsey County Judge”. Patrick Cotter, who is Atwal’s attorney, stated that Atwal had made “regrettable statements to the arresting officer”. Atwal pleaded guilty to a gross misdemeanor in the afternoon on January 2nd, 2018. Atwal has been re-assigned to handle child protection cases and was earlier assigned Ramsey County District Court’s criminal division. Thomas Sipkins, executive director of the Minnesota Board of Judicial Standards said the board is “looking into the matter”.

Michael Brodkorb who is a blogger and a former state Republican political operative stated that he sought details in the case since he believed Atwal had received special treatment, being a judge. However, Cotter and Minneapolis City Attorney Susan Segal stated that Atwal received no special treatment while her office handled the case to avoid a conflict with their St. Paul counterparts.

Segal stated that Atwal wanted to resolve the case and had hired a defense attorney who reached out to the prosecutor. As per police reports the breath test of Atwal showed alcohol concentration of 0.17 which is way above the legal limit of 0.08 in Minnesota and faced an over 80 charge. Atwal had pleaded guilty to DWI, a gross misdemeanor and most of his sentence was stayed and he served 18 days on electronic home monitoring and received 2 years of supervised probation.

Read the full article here: https://www.duluthnewstribune.com/news/crime-and-courts/4422157-judge-tells-twin-cities-cop-i-am-ramsey-county-judge-gets-dui-anyway

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/dui-news/

Double Fatality DUI Crash Gets Trucker Convicted For 25 Years

A truck driver from Tennessee was sentenced to twenty-five years in prison for causing a crash that killed two people while he was intoxicated and driving with a revoked CDL back in 2016.Truck driver Randall Weddle, aged 55 was sentenced in a Knox County, Maine, court on March 23 after he was found guilty on fifteen charges, including aggravated DUI, failure to provide a specimen and manslaughter.The charges relate to a crash that happened two years ago and Weddle was placed out of service by the FMCSA for the same. Christina Torres-York, 45, and Paul Fowles, 74, were the two people who got killed in the said crash.

As per the FMCSA’s account regarding the fatal crash:

On March 18, 2016, Weddle was operating a large commercial truck for Tennessee-based R&E Logistics, Inc., USDOT No. 942198. At approximately 4:47 p.m., while traveling on Route 17 in Knox County, Maine, thetrailer portion of Weddle’s rig crossed the centerline, tipped over, and began scattering its load of lumber across the roadway. At the time of the crash, Weddle’s truck was traveling approximately 80 miles-per-hour in a posted 55 miles-per-hour speed limit zone.

As the truck and trailer and its load of lumber continued to slide down the roadway at a high rate of speed, a pick-up truck, an SUV, and a minivan, in turn, were struck. The pick-up truck was crushed, killing its driver. The collision with the SUVcaused it to roll over once before it collided with another vehicle. The minivan hit by Weddle’s truck was also partially buried under the lumber load; a fire ensued, engulfing the minivan. The sole occupant of the minivan was killed. Two additional crash victims were airlifted to the hospital.

During investigation it was found out that Weddle was in violation of several federal hours-of-service regulations that have been designed to prevent fatigued driving.Weddle had 48 driving crime convictions prior to the fatal 2016 crash, including 12 DUI convictions in four different states.

Read the full article here: https://cdllife.com/2018/trucker-sentenced-to-25-years-for-double-fatality-crash/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Driver Gets To The Hospital After Accident In North Cornwall

A crash that took place at the intersection of Rocherty and Quentin roads early Tuesdaysent a driver to the hospital. Thirty Five year old Jamie Showers of Lebanon was driving her vehicle westbound on Rocherty Road at the intersection of Quentin Road at6:44 a.m. Tuesday. As per the police, she attempted to make a left turn onto Quentin Road andshe failed to see a vehicle driven by Jessica Templin, aged 42, Lebanon, who was eastbound on Rocherty Road. Showers stated that she did not see Templin and thought it was clear to make the left turn. Showers, was however transported to WellSpan Good Samaritan Hospital and was cited for a turning violation.

Bethel

Fifty five year old Juan Fernandezcosme of Flushing, New York, was operating his vehicle while he was westbound on Interstate 78 at 7:32 p.m. Monday, when he lost control of his vehicle that caused it to roll on the roadway, according to state police at Lickdale. The vehicle stopped against the southern guide rail after rolling over. As per the police,Fernandezcosme received minor injuries from the crash and he was taken into custody for suspicion of driving under the influence of alcohol, and he refused to provide a breath sample. He was transported to central booking and got charges for a DUI.

Schuylkill

OvidiuAnca, aged 47, Kanata, Ontario, Canada, was driving his tractor-trailer southbound on Interstate 81 in the mile marker 104 area at 2:03 p.m. March 21 when the trailer began to sway on the snow-covered roadway as per the state police at Lickdale. The police stated that Anca lost control of the vehicle and hit a steep embankment causing the tractor to get pinned between the trailer and the embankment. No injuries were reported, and Anca was cited for driving on right side of roadway.

North Cornwall

Thirty eight year old Daniel Kreider of Lebanon was operating his vehicle southbound on North Mill Street at Oak Street at 4:21 a.m. Tuesday when he fell asleep and crossed the intersection and struck a broken utility pole before coming to a stop in a field. No injuries were reported.

Read the full article here: https://www.ldnews.com/story/news/crime/police-blotter/2018/03/28/north-cornwall-traffic-accident-sends-driver-hospital/462479002/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Your Legal Options and the Costs if Involved in a Drunk Driving Offence

Drinking and driving is a dangerous act and the most common advice with regard to driving that people give is never to drink and drive. It sounds easy but drunk driving offences are one of the most recurrent offences in the whole of the United States. Drunk driving is the cause of hundreds and thousands of fatalities annually and it also results in grave penalties and consequences that alter the course of life. The people who get convicted for DUI offences experience a lot of consequences such as multiple court appearances, a criminal record, dishonor in society and apart from all of this, it is something really costly.

If found guilty of a DUI crime, the accused is forced to pay financially, professionally as well as legally and these consequences can linger on for several years and in some states, for the rest of the life. The costs of a DUI offence can be really heavy. The court fees may cost between $250 to $1500 and hiring a lawyer may cost another $2000 for a minimum. Then there are costs for license reinstatement and formal hearing which range from $250-$500. Some states demand the attendance of the accused in alcohol abuse classes that cost an additional $100 to $500. Insurance rates are also increased as insurance companies consider DUI offenders as high risk drivers. Apart from all of that a total amount of $1650 goes in the form of various fines and fees.

Those involved in a DUI need to three things legally. First is to document everything as it is essential for the case. Second is to look for potential witnesses that can help strengthen the case. Third is to hire a competent DUI lawyer as the best DUI lawyer can protect the interests of the accused in the most appropriate way. Getting convicted and arrested for a DUI offence is not only embarrassing but is a life altering event that can be really costly and hiring the best DUI defense lawyer is the perfect option for anyone facing a DUI offence.

Read the full article here: https://theinscribermag.com/the-costs-of-drunk-driving-and-what-to-do-legally-if-youve-experienced-this/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Police plan DUI enforcements on St. Paddy’s weekend

St. Patrick’s Day falls on a Saturday this year, which means many people will celebrate all weekend long.

Police will keep their Irish eyes peeled for impaired drivers.

If you drink green beer, be prepared to see red and blue lights in the review mirror. All weekend long, police will be cracking down on partygoers who choose to drive impaired.

According to a new study by the Centers for Disease Control and Prevention, binge drinking is a big issue for Americans — and not just on holidays.

In 2015, Americans drank more than 17 billion drinks annually; that’s 470 drinks per binge drinker. Half of the bingers are over the age of 35 and 80 percent are men.

State police want to remind people who plan to have one or two drinks that the consequences of buzzed driving are the same as drunk driving.

“With DUI enforcement, the purpose is to save lives,” Trooper Brent Miller said. “We have to take those drivers who are drinking or using illegal drugs [off the road] when they choose to get behind the wheel.”

There are many ways people can avoid needing to fight impaired driving charges. Police encourage anyone drinking to download the Safer Ride app, which can call a taxi or predetermined friend as well as share your location.

Police also encourage you to use transportation services such taxis, Uber and Lyft to party responsibly.

Read the full article here: https://abc27.com/2018/03/16/police-plan-dui-enforcements-on-st-paddys-weekend/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/

Canadian ski cross racer David Duncan apologizes after drunken joyride at Olympics

Canadian ski cross racer Dave Duncan is apologizing for “behaviour that demonstrated poor judgement” after being released from jail following an alleged drunken joyride at the Pyeongchang Games.

The Canadian Olympic Committee confirmed in a statement Sunday that Duncan, his wife Maja and Canadian technical coach William Raine had been detained by police in South Korea and were now released. The statement came after an investigator with the Gangwon Provincial Police Department told The Canadian Press the two Canadians and an American woman were arrested for drunk driving and stealing a car.

A joint statement from the Duncans offering an apology did not offer specifics, saying only their behaviour “was not up to the standards expected of us as members of the Canadian Olympic Team or as Canadians.” But Raine singled out “the owner of the vehicle that was involved” in his statement.

“I would like to apologize profusely for my inexcusable actions,” Raine said. “Words are not enough to express how sorry I am. I have let my teammates, friends and my family down.”

Raine is the son of Canadian skiing legend Nancy Greene.

Read the full article here: https://www.theglobeandmail.com/sports/olympics/canadian-athlete-wife-manager-allegedly-steal-car-and-drive-drunk-in-winter-olympics/article38104346/

For more local DUI news and information please visit https://www.toronto-dui-lawyer.ca/