Alberta’s Court of Appeal has struck down a section of Alberta’s impaired driving law which required for the immediate suspension of a suspected impaired driver’s license until their case was resolved in court. With this law there was no fixed duration for this suspension, which resulted in many clients having to wait many months without driving only to be successful at trial. Of course, the lack of a license seriously impacts the accused’s livelihood, often causing undue hardship on their ability to earn an income and carry on everyday activities.
An obvious consequence of the law was that numerous individuals found themselves pleading guilty in order to speed up the process. While our Court of Appeal should be applauded for taking a stand in favour of the presumption of innocence, it should be noted that the Court granted the Province 1 year in order to make remedy the now unconstitutional law.
Receiving an impaired driving charge is difficult regardless of the circumstances. Impaired Driving related charges will continue to have severe consequences – jail terms, high fines, probation and increased car insurance premiums can all be a result of an impaired driving conviction.
If you are a resident of Calgary or surrounding area who has been charged with an impaired driving offence give us a call today. At Batting, Wyman Barristers we can help. With over 25 years of experience in Alberta criminal law we have successfully defended hundreds of people accused of impaired driving.
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