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In
British Columbia, when you are charged with impaired driving, you
will usually be served several documents. Typically, these will
include:
1) A notice of a 24 hour driving prohibition: a small blue piece
of paper.
2) Notice of a driving prohibition for 90 days: an 8 ½" by 11" blue
form.
3) A promise to appear on the criminal charge: a form that indicates
you must appear in court on a date, usually several weeks later.
4) A copy of the Certificate of a qualified technician: a form setting
out the readings from breath tests.
Where you have been served with a notice of a 90 day administrative
driving prohibition, the prohibition will begin 21 days after you
have been served. You will, however, have only 7 days from the date
you were served with the Notice to file a dispute and arrange for
a hearing to determine the validity of the 90 day administrative
prohibition; if you do not you will loose the right to dispute the
prohibition.
The most serious part of an impaired driving charge is the criminal
part of proceeding. This process usually begins with the service
of a promise to appear in court. The consequences of being convicted
of impaired driving are serious and include a fine or jail as well
as a minimum of a one year driving prohibition for a first offence.
In addition, a conviction means that you would have a criminal record
which can affect your ability to travel or secure employment.
Simply because you have "blown over" on the breath test does not
mean that you will be found guilty of impaired driving. Not only
may the results of the breath test be inaccurate or not properly
reflect your blood alcohol level at the time of driving, but the
legal requirements for the use of such results are intricate and
complicated. It is important to have a lawyer review all of the
paperwork that will eventually be provided by the Crown in order
to provide you with an informed opinion on the strength of your
case.
Even in circumstances where, after reviewing all of the police reports,
notes and other material and discussing the circumstances with you,
it is determined that the case against you is a strong one, a lawyer
may be able to assist in reducing the potential impact on you.
The law with respect to impaired driving is one of the most intricate
areas of criminal law. It is important to obtain advice from a lawyer
immediately.
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