Impaired driving (DWI)
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On behalf of our clients we have often negotiated with the Crown attorney to have the impaired driving charge, over 80 (DUI) charge withdrawn in exchange for a plea to the reduced or lesser charge of careless driving.
We have negotiated plea arrangements from the charge of impaired, over 80 (DUI) to the Reduced Charge of Careless Driving.
Careless driving is not a criminal charge. A conviction for careless driving will not create a criminal record.
Careless driving is found in s. 130 of the Highway Traffic Act.
It simply states that if a person is driving without due care and attention, or without due consideration to others using the roadway that will amount to careless driving.
The penalty includes a fine range of
- $400.00 – $2000.00
- Possible suspension of licence up to 2 years
- Probation under the Provincial Offences Act
- 6 demerit points
The ultimate sentence will depend on the negotiations and the opinion of the presiding judge. It is often important to ensure that the plea is entered before a Judge with whom we can confidently predict the outcome.
Ask an Expert: Impaired Driving Lawyer
We have concluded cases with just a simple fine. Sometimes a fine and probation is considered (the probationary conditions often include a restriction on driving, for eg. You may only be permitted to drive directly to, directly from and during employment for employment purposes and at all times with zero alcohol in your body) . Probationary terms vary in length but are usually one year. A careless driving conviction will also result in high insurance premiums for a period of at least three years.
Depending upon circumstances, a plea to careless driving can be an extremely favourable compromise.