Tag Archive for: Criminal Lawyer Toronto

Driving Under the Influence of Marijuana

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What is known as driving under the influence is referred to as either impaired driving or blowing over 80. According to Canadian law, a driving under the influence offence can occur in one of two ways. One way is for a person’s blood alcohol concentration, the amount of alcohol in one’s body being at or over 0.08 percent. The other way is impaired driving which does not depend on the amount of alcohol in a person’s system. This is how someone can be charged with driving under the influence of marijuana.

Difference between DUI involving Alcohol and DUI Marijuana

Canada treats both types of DUI the same. However, they are different in the way police investigate DUIs involving drunk driving. The police can use the breath test to determine the amount of alcohol in a person’s system. However, a breath test cannot determine marijuana consumption.  As such, the police have to conduct a DUI marijuana suspicion differently.  

Police Look for Signs of Driving under the Influence of Marijuana

After a traffic stop, police look for signs of impairment that signal that a person was driving under the influence of marijuana. These signs include:

  • Driving too slowly
  • Driving erratically
  • Slurred speech
  • Blood shot eyes
  • Glassy eyes
  • Impaired cognitive function
  • Impaired motor skills
  • The smell of marijuana in your vehicle

In addition to looking for the above marijuana impairment signs, the Criminal Code of Canada addresses how police can investigate possible marijuana DUIs. Section 254(2) (a) gives police permission to demand that a driver suspected of marijuana impairment complete a Standardized Field Sobriety Test, or SFST.  The test includes a physical conditioning test, which allows an officer to look for the signs of impairment.

Care or Control

According to the Criminal Code of Canada, a person can be charged with driving under the influence of marijuana even though their vehicle is not in motion. To be in care and control of the vehicle means that an individual was sitting in the driver’s seat at the time the police noticed him or her. For instance, you may have been stopped on a street and stopped by police. You could be arrested for driving under the influence of marijuana. It is presumed that you intended to drive.

Possible Defences to Driving under the Influence of Marijuana

Defending a marijuana DUI offence requires a different approach than an offence involving alcohol. First, a lawyer must determine why the police stopped your vehicle. Once this is established, the next step is to build a defence around how the marijuana was detected in your body. Typically the police will use a urine or blood sample to find out the THC concentration in your system. There are always flaws in the way the police determine the amount of marijuana in your system, so this is one possible avenue for your lawyer to explore.

If you or a loved one was charged with the offence of driving under the influence of marijuana, you have legal options. To understand all the available defences you can use, talk to a criminal lawyer in Ontarioabout your marijuana DUI.

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R. v. Z.Y.- Fraud Over and Theft Over

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My client was charged with Fraud Over and Theft Over. The allegations were that my client leased a vehicle and stopped making payments, however he kept the vehicle. Following several meetings with the assigned crown in this matter, I was able to convince the crown that this was a civil matter and not a criminal matter. Therefore I was able to convince the crown that they did not have any reasonable prospects of conviction and they withdrew the charges.

Possession for the Purpose of Trafficking in Canada

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In Canada, possession for the purpose of Trafficking is governed under the Controlled Drugs and Substances Act. A conviction of possession for the purpose of trafficking Canada typically involves one of three elements:

  • You have the drug on your person.
  • You knowingly have the drug in possession or custody of another individual.
  • It could also be in any place that is owned or occupied by you.

The last element involves more than one person. Two or more people may possess the drug, but may not be in physical possession. Another person may be physical possession of the drug.

Penalties for Possession for the Purpose of Trafficking in Canada

The specific penalties associated with possession for the purpose of trafficking Canada depends on the drug involved. Each drug falls into a category according to the serious effect of the drug. For instance, Schedule I drugs are considered hard drugs. They include addictive drugs such as morphine, oxycodone, cocaine and heroin. Other drug schedules are as follows:

  • Schedule II includes drugs like Cannabis and synthetic preparations.
  • Schedule III includes methamphetamine and LSD.
  • Schedule IV consists of popular pharmaceuticals like diazepam, anabolic steroids and benzodiazepine.
  • Schedule V consists of Propylhexedrine.
  • Schedule VI is separated into three parts and includes the base drugs used to make more lethal drugs like cocaine.

Your possible jail or prison sentence depends which schedule the drug you are found to be in possession of falls into. However, the minimum sentence where applicable, starts at six months in jail. For example, the penalties for possession in for Schedule I drugs can range from six months in jail to seven years in prison.

Penalties for Trafficking

Trafficking under Ontario law is defined as to:

  • Administer.
  • Sell.
  • Transfer.
  • Send.
  • Deliver the drug.
  • Sell an authorization to obtain the drug.
  • Transport.
  • Offer to do any of the above.

No money is required to change hands when it comes to the trafficking portion of the law. Penalties include a maximum limit. Sentences are based on the drug classified in the Schedules above. For instance, you may receive up to 25 years in prison for a trafficking conviction of Schedule I and/or II drug.

A trafficking conviction for a Schedule III drug is anywhere from 18 months in jail to 10 years in prison. You may spend one year in jail to three years in prison for a Schedule IV trafficking conviction.

An Ontario Lawyer Can Help You Fight the Possession for the Purpose of Trafficking Charge

The key to a successful outcome in this type of criminal case is to have a highly knowledgeable criminal defence lawyer on your side. To learn more about how a lawyer will help you fight and resolve a drug trafficking and/ or possession charge, contact us today.

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R. v. M.T.Y.- Fraud Under and Uttering Forged Documents

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My client was charged with Fraud Under and Uttering Forged Documents. The charges involved a serious insurance fraud. I had several meetings with the assigned crown and was able to convince them that the evidence they had as against my client was not enough to go to trial, as a result the crown withdrew all the charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

R. v. A.A.- Sexual Assault X 2, Gangrape and Administering a Stupifying Substance X 2

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My client was charged with 2 counts of Sexual Assault, Gangrape and 2 counts of Administering a Stupifying Substance. After the preliminary inquiry I was able to convince the Judge to discharge my client on one of the Sexual Assault counts and one of the Administering a Stupifying Substance counts because there was insufficient evidence to go to trial. Prior to the trial on the rest of the matters I made an application to have all of the charges stayed because it took too long to go to trial, an application to stay the charges pursuant to s. 11(b) of the Charter of Rights. On the first day of trial the complainant was late and an application to have the remaining charges withdrawn was granted.

WHY YOU SHOULD NOT TALK TO THE POLICE

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Let me tell you one of the most important statement to remember if you are arrested and/or being investigated by the police “Do not say anything other than your name, address, telephone number and date of birth TO THE POLICE”.

This Is Your Right

This is of course your right. When you are arrested or investigated by the police you have the right to remain silent and not answer their questions. Not only is it your right, it is the best advise you could ever get. It has been my experience that providing a statement to the police, or just answering a few questions, does not benefit you in the least. In fact more often than not any statement or answers to any questions you provide end up being used against you, regardless of whether it was not meant that way. I have also found in my many years of practice that if the police attempt to get a statement or ask you questions, they are doing so because they do not have enough to arrest you, and therefore are looking for you to give them what they need. I have had many cases where the only evidence against my client was his/her statement and had he/she never provided a statement he/she would never have been arrested.

It Will NOT Hurt You to Not Talk to the Police

If you are ultimately charged, the court cannot draw a negative inference from you not answering the police questions or not giving the police a statement. In other words it will not hurt you not to talk to the police, it can only hurt you to talk to the police. Therefore there is no downside to not providing answers or a statements to the police.

If you are contacted by the police to “come in and answer some questions “, it is likely in relation to potential charges. Therefore the second best advise I can give you is to contact an experience lawyer such as myself, Donna Pledge, a Toronto Criminal lawyer at donnav.pledge@bellnet.ca or 416-630-8702, to first speak with the police on your behalf. The lawyer will ascertain the true reason for you attending the police station as the police’s request. Contacting an experienced lawyer can ultimately stop you from being charged in the first place or at least ensure that you do not provide a statement to the police that can be used against you. Ultimately this could make the difference between you being charged in the first place and being found guilty in the second place. Donna Pledge, a Criminal Lawyer, donnav.pledge@bellnet.ca or 416-630-8702.

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A.B.- Charged With Assault.

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A.B.- Client was charged with Assault. The matter proceeded to trial, wherein the charge was dismissed after successful cross examination of the complainant.

If you’ve been charged with assault please reach out for your free consultation here.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v G.U. – Charged with Possession of Child Pornography & Trafficking in Child Pornography

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My client was charged with Possession of Child Pornography and Trafficking in Child Pornography. I reviewed the file with the crown and was able to convince them that they did not have a reasonable prospect of conviction, that they did not have enough evidence to proceed to trial and as a result both charges were withdrawn, and he was found not guilty of both charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v T.P – Charged with DUI Impaired Driving

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My client was charged with (DUI Impaired Driving and Driving with Over 80mgs of alcohol in 100mls of blood. On the day of trial only one of two officers attended and the crown requested an adjournment. I did not agree and the Judge refused to grant the adjournment which resulted in both charges being dismissed and my client was found not guilty of both charges.

Criminal Lawyer Toronto DV Pledge Recent Successes

R v S.V.T – Charged with Dangerous Driving Causing Bodily Harm

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My client was charged with Dangerous Driving Causing Bodily Harm, Assault, Fait to Comply, Aggravated Assault and Obstruct Justice. The matter proceeded to trial and after trial all charges were dismissed and my client was found not guilty.