Our lawyers have a wealth of experience defending against impaired driving and related offences. We regularly act on trials and appeals in relation to all manner of driving offences. We have acted at all levels of court in Ontario with respect to these offences including at the Ontario Court of Appeal.
The defence of impaired driving cases can be highly technical. Our experience and knowledge of the technical aspects of both the law and the instruments used, allows us to examine every possible defence on your behalf.
We begin by diligently collecting all the evidence that the police and prosecution have in their possession. We also work with our clients to ensure we gather all evidence in their possession.
Once the evidence is gathered we will employ our collective knowledge and experience to determine if any defences arise from the evidence we have collected.
We will then meet with you to discuss your options and ensure you understand fully the implications of any decision you make.
We ensure that our collective efforts and knowledge are employed in every case to achieve the best possible outcome.
What is an approved screening device (ASD) demand?
An Approved Screening Device, often referred to as an ASD, is a handheld machine that police use at the roadside to determine if they have the grounds to arrest you for driving while your blood alcohol level is at or over the legal limit.
An ASD demand can be made by police with or without “reasonable suspicion” that a driver is under the influence of alcohol. Our team is currently working on several constitutional challenges to the law that allows police to make an ASD demand without reasonable suspicion. A constitutional challenge is one of the ways in which we can craft a defence against your charges. Our team would be happy to meet with you, discuss your case, and help you determine the best strategy for defending against your impaired driving charge.
When can an officer make a breath demand?
An officer can make a demand for you to provide a breath sample into a breathalyzer or intoxilyzer machine, if the officer has “reasonable grounds to believe” that your ability to operate a motor vehicle is impaired by alcohol.
Often, this occurs after an individual that was operating a motor vehicle is stopped and fails a roadside screening test. If you fail a road side test, the police can rely on this failure to form their grounds to make a demand for your breath.
Even if the police do not conduct a roadside screening test, new legislation allows the police to make a mandatory alcohol screen demand without any grounds to believe that you have consumed alcohol. Our firm is currently litigating cases in which we are challenging the constitutionality of such a provision. Our team would be happy to examine if your case would be appropriate for a constitutional challenge as part of your defence.
Dangerous Driving Charges
If you’re charged with dangerous driving, you could face a lifelong criminal record.
We will intend to prevent that with:
- Carefully analyzing the details of your arrest and charge
- Examining the evidence against you and preparing a defence
- Pushing for case withdrawal or acquittal after trial
Impaired driving offences
There are a considerable number of impaired driving related offences, the most common of which include:
Operation while impaired – Section 320.14(1)(a) of the Criminal Code
- It is an offence to operate a motor vehicle while your ability to do so is impaired by alcohol or drugs or by a combination of alcohol and drugs.
Operating a motor vehicle while over the legal limit by alcohol – Section 320.14(1)(b) of the Criminal Code
- It is an offence to operate a motor vehicle with a blood alcohol concentration equal to or over 80 mg of alcohol in 100 mL of blood within two hours after ceasing to operate a motor vehicle.
Operating a motor vehicle while over the legal limit by drug – Section 320.14(1)(c) of the Criminal Code:
- It is an offence to a have a blood drug concentration equal to or over the legal limit within two hours after ceasing to operate a motor vehicle.
Operation while blood alcohol and blood drug concentration is equal to or over the legal limit – Section 320.14(1)(d) of the Criminal Code:
- It is an offence to a have a blood alcohol and blood drug concentration equal to or over the legal limit within two hours after ceasing to operate a motor vehicle.
Driver’s license suspension
Once you are charged with impaired driving or a related offences, your license may be suspended for a period of 90 days. After the initial 90 day suspension, you will be able to regain your license. If you are acquitted at trial, you will have no further license suspension. If you plead guilty or are convicted after a trial, you will be prohibited from operating a motor vehicle for a minimum of at least one additional year beginning from the day of your conviction.
Conspiracy to traffic 10+ kg cocaine
Impaired driving, Over 80
Possession of a prohibited firearm with readily accessible ammunition
Child pornography cases
Possession and importation of child pornography
Domestic Assault Charges
Domestic assault causing bodily harm
Fraud/White collar charges
All Charges Were Stayed
Fady took very good care of me, keeping my best interest in mind and supported me throughout the process. I am very thankful for his help and would absolutely recommend this office and specifically Mr. Mansour.
Excellent and precise communications skills. Very clear on what my position was, what the legal actions available were, and what his strategy would be to address the situation. And precise execution. He assured me of my rights and position every step of the way. Made me feel totally comfortable with my rights, and let me continue with my life. Highly recommended.
Fady recently represented me in a legal matter during one of the most difficult periods of my life. From the onset, Fady was professional, supportive and reassured me that he would do all he could to ensure a positive outcome, which was achieved. Thank you to Fady and team for your hard work and support!
Solomon is an excellent Lawyer, top in the field of firearms legislation. Would definitely invest time and money for his expertise. Thank you Solomon for first, taking my case and second, supporting a injured veteran.
The night I was charged with assault after a night out drinking was the worst night of my life. As a police officer, an off duty assault conviction would have jeopardized my career. I have worked closely with lawyers my entire nine year career. Either directly with Crown on a case or through cross-examination by defence counsel and after a few minutes of speaking with Solomon shortly after my arrest I knew his knowledge and ability to articulate legal principles were unmatched. He spent nearly an hour on the phone with me gathering facts and providing clear instructions. Throughout the process he kept me updated as to what was going on and I was extremely impressed with his handling of my case. Solomon did his homework on the accusers and witnesses and prepared an unbelievable defence which ultimately led to the charge being dropped on the first day of trial and allowing me to continue my career as a police officer. I’d recommend Solomon to anybody who is in need of expert legal defence.