Impaired Driving

Impaired Driving Charge

In order to be convicted of Impaired Driving, the Crown prosecutor has the burden of proving beyond a reasonable doubt that you were operating a motor while your ability to operate a motor vehicle was impaired by alcohol or a drug.

In order to prove this charge, the Crown will usually rely on testimony of witnesses (often police officers) who observed you driving or saw you shortly after you were driving. Evidence of impairment often consists of things like unexplained bad driving, slurred speech and unsteadiness on one’s feet.  Your lawyer’s approach to defending this charge should involve a careful review of the disclosure (this will consist of police officers’ notes, witness statements and often video footage recorded at the police station) that can point to inconsistencies and exaggerations in the allegations.

At trial, when inconsistencies and exaggerations in the evidence are exposed, it can be very difficult for a judge to convict. How can a judge be satisfied beyond a reasonable doubt if they don’t know what really happened? A reasonable doubt can also be raised by demonstrating that signs attributed to impairment can realistically be explained by something else. For example, there are countless causes of blood shot eyes that do not involve drugs and alcohol and the source of bad driving is often lapses in attention.