Driving Offences.
DUI- Dangerous Driving - Criminal Driving - Disqualified Driving - Unauthorized Driving - Hit & Run- Failure To Stop
DUI
Driving Under The Influence?
In Canada, impaired driving is the leading cause of criminal injury and death. Alberta has strict laws to combat impaired driving, with the Immediate Roadside Sanction (IRS) program taking effect on December 1, 2020, introducing serious and immediate consequences for all impaired drivers.
Under Alberta's laws, you may still face a criminal DUI charge in addition to the IRS if:
You have prior DUI convictions;
Someone was injured as a result of the DUI; or
There were children in the vehicle at the time of the DUI.
In Canada, impaired driving is the leading cause of criminal injury and death. Alberta has strict laws to combat impaired driving, with the Immediate Roadside Sanction (IRS) program taking effect on December 1, 2020, introducing serious and immediate consequences for all impaired drivers.
Under Alberta's laws, you may still face a criminal DUI charge in addition to the IRS if:
You have prior DUI convictions;
Someone was injured as a result of the DUI; or
There were children in the vehicle at the time of the DUI.
Alberta's DUI laws also stipulate that if a driver is found with a blood alcohol concentration (BAC) of 0.08 or higher, or a blood drug concentration (BDC) exceeding legal limits, severe penalties apply. These can include license suspension, vehicle seizure, and mandatory education programs, even for first-time offenders.
If you've been stopped for impaired driving, it's crucial to seek immediate legal counsel from a lawyer who specializes in impaired driving cases, particularly if this is your second or subsequent offence, or if aggravating circumstances are present, such as having a minor in the car, an excessively high BAC or BDC, or if the offence resulted in an injury accident.
Ryan Patmore has been protecting the rights of individuals charged with impaired driving across Alberta for years. Impaired driving laws are complex and constantly evolving. If you have been cited with impaired driving, contact Ryan Patmore today for a free and confidential consultation about your case.
Ryan's dedication to his clients goes beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future.
Roadside Sanctions
If you are stopped for impaired driving in Alberta, you could receive one of five Immediate Roadside Sanctions (IRS) licence suspensions. Each type of suspension has different consequences for your driving privileges, ranging from short-term suspensions to more severe penalties. Understanding the specific IRS categories and the legal implications is crucial for anyone facing these charges. Below are the five types of IRS suspensions in Alberta:
In Alberta, you have just 7 days to appeal an Immediate Roadside Sanction (IRS) for impaired driving. Missing this deadline means automatic penalties, including license suspension. To protect your rights and driving privileges, it's essential to contact a lawyer like Ryan Patmore immediately.
-
This sanction occurs when a police officer has reasonable grounds to believe that a driver is impaired by drugs or alcohol. The suspension is immediate and lasts for 24 hours, allowing law enforcement to address potential impairment quickly.
-
This suspension applies to drivers holding a Class 7 learner's licence or a Class 5 GDL licence. Alberta has a zero-tolerance policy for alcohol or drugs for these novice drivers, meaning they must maintain a BAC or BDC level of 0.00 while driving. Penalties for violating this rule include:
An immediate 30-day licence suspension
A 7-day vehicle seizure
A $200 fine plus a 20% victim fine surcharge
-
This sanction targets commercial vehicle operators, who must also maintain a BAC or BDC level of 0.00. The penalties for violations are more severe as commercial drivers are held to a higher standard:
First Occurrence: A 3-day suspension and a $300 fine plus a 20% surcharge
Second Occurrence (within 10 years): A 15-day suspension and a $600 fine plus a 20% surcharge
Third and Subsequent Occurrence (within 10 years): A 30-day suspension and a $1,200 fine plus a 20% surcharge
-
This sanction occurs when a driver is found to have a BAC between 0.05 and 0.079, which is below the criminal threshold but still considered risky. Penalties escalate with repeat offences:
First Occurrence: A 3-day licence suspension, 3-day vehicle seizure, and a $300 fine plus a 20% surcharge
Second Occurrence: A 15-day suspension, 7-day vehicle seizure, $600 fine plus a 20% surcharge, and mandatory Crossroads education course
Third and Subsequent Occurrence: A 30-day suspension, 7-day vehicle seizure, $1,200 fine plus a 20% surcharge, and mandatory IMPACT Program
-
This program applies to drivers who are found with a BAC over 0.08, BDC above legal limits, or a combination of both, indicating clear impairment. The penalties are severe and escalate with each subsequent occurrence:
First Occurrence: A two-stage suspension involving a 90-day driving ban followed by a 12-month interlock device requirement, 30-day vehicle seizure, a $1,000 fine plus a 20% surcharge, and completion of the Planning Ahead course
Second Occurrence: A 90-day driving ban followed by a 36-month interlock device requirement, 30-day vehicle seizure, $2,000 fine plus a 20% surcharge, and completion of the IMPACT course
Third Occurrence: A 90-day driving ban followed by a lifetime interlock device requirement, with possible licence reinstatement after 10 years, 30-day vehicle seizure, and a $2,000 fine plus a 20% surcharge
Additional Legal Consequences
Under Alberta’s Provincial Administrative Penalties Act, repeat offenders, impaired drivers who cause bodily harm or death, and cases involving severe aggravating factors may also face criminal charges in addition to the IRS penalties. This can lead to further legal consequences, including imprisonment, lengthy driving suspensions, and a permanent criminal record.
Navigating Alberta’s impaired driving laws can be challenging, especially with the severe penalties involved. If you are facing an IRS suspension or DUI charge, it's crucial to consult with a legal professional who specializes in Alberta's DUI laws to ensure that your rights are protected.
If you've been stopped on suspicion of impaired driving in Alberta, especially if it's not your first offence or if there were aggravating circumstances, you could be facing serious criminal charges. Driving under the influence (DUI) is treated as a significant offence in Alberta, with penalties that can have a lasting impact on your life.
Charged With A DUI In Alberta?
Here's What You Need to Know
Consequences of a DUI Charge
Upon arrest for impaired driving, you may be subject to severe penalties, including hefty fines, potential jail time, suspension of your driver's licence, and a permanent criminal record. These penalties are even more severe if aggravating factors are present, such as:
A previous DUI conviction,
Causing injury or death to another person,
Having a child in the vehicle at the time of the offence,
Excessive blood alcohol concentration (BAC) or blood drug concentration (BDC).
Even if you weren't excessively intoxicated, the presence of these factors could lead to significant criminal charges.
Know Your Rights During a DUI Stop
If you're stopped on suspicion of impaired driving, it's essential to remain calm and respectful toward law enforcement officers. You may be asked to submit to field sobriety tests or provide a breath sample.
However, police must have a valid reason for stopping your vehicle. This could include a sobriety checkpoint, erratic driving, or traffic violations like driving without headlights at night. Without probable cause, your legal rights may have been violated, which could lead to the withdrawal of any associated penalties.
If you believe your rights have been infringed upon during a DUI stop, it’s crucial to consult with a lawyer who specializes in DUI law in Alberta. An experienced lawyer can help assess whether your stop was lawful and if any evidence obtained can be challenged in court.
Is Impaired Driving a Crime in Alberta?
In Alberta, impaired driving is no longer automatically treated as a criminal offence due to changes in the law. However, this doesn't mean the penalties are any less severe. Under the Immediate Roadside Sanctions (IRS) framework, you could face:
Extended licence suspensions,
Substantial fines,
Mandatory participation in educational programs, and
Enrollment in the Ignition Interlock Program.
For repeat offenders or cases involving severe aggravating factors, criminal charges are still a possibility under Alberta’s Provincial Administrative Penalties Act.
It's important to note that impairment isn’t limited to alcohol. Illegal drugs, prescription medications, over-the-counter drugs, and cannabis can all impair your ability to drive. The penalties for driving under the influence of these substances are just as stringent as those for alcohol-related offences.
Navigating Alberta's DUI Laws
Alberta's DUI laws are complex and can be challenging to navigate, especially given the changes in recent years. If you've been charged with impaired driving, it’s vital to seek legal advice from a professional familiar with Alberta's specific laws and penalties. They can provide you with the guidance needed to protect your rights and help you navigate the legal process effectively.
What do you do?
Refusal to Provide a Breath Sample
Refusing to provide a breath sample when requested by law enforcement can lead to serious legal repercussions. This article explores the circumstances under which refusal is considered a crime, the potential penalties, and the defences available. Whether you are faced with the immediate penalties of a fine and driving prohibition or the long-term impacts on your record and personal life, it’s crucial to understand your rights and options. With insights into how the legal system handles such cases, this guide will help you navigate the complexities of refusing to provide a breath sample and highlight the importance of skilled legal representation.
Dangerous
Driving
What is Dangerous Driving?
Dangerous driving is defined under Section 320.13 of the Criminal Code of Canada. It occurs when an individual operates a motor vehicle, vessel, aircraft, or railway equipment in a manner that is dangerous to the public. This determination is based on various factors, including the nature of the location, road conditions, and traffic. The offence requires that the accused either intended to drive dangerously or acted negligently. Negligence in this context is assessed objectively, meaning the Crown must prove that the accused's actions represented a marked departure from what a reasonable person would do in similar circumstances.
Establishing Dangerous Driving
To convict someone of dangerous driving, the Crown Prosecutor must prove beyond a reasonable doubt that the accused committed the act and that it was intentional or due to negligence. A judge will consider factors such as:
Crossing road lines
Driving over curbs
Speeding
Disobeying traffic signs or signals
5. Tailgating
6. Involvement in collisions
7. Compliance with police orders to stop
The court must be satisfied that the accused’s driving was a marked departure from the standard of care expected of a reasonable person. Even if the accused testifies to explain their actions, the judge must determine if a reasonable person in the same situation would have recognized the risks involved.
Proving Dangerous Driving
In determining whether dangerous driving occurred, the court focuses on how the vehicle was operated rather than just the outcome of the driving, such as an accident or injury. High speeds or involvement in an accident alone do not automatically result in a dangerous driving conviction. The key question is whether the driving exhibited a marked departure from what is considered reasonable. If the prosecutor can establish that the driving pattern significantly deviated from the norm, a conviction is likely, even if there was no intent to drive dangerously.
What is a Marked Departure?
For a dangerous driving conviction, the conduct must amount to a marked departure from the standard of care that a reasonable person would observe. A slight departure is insufficient for a conviction. The driving must be so careless that it warrants criminal punishment.
Penalties for Dangerous Driving
Penalties for dangerous driving vary depending on the circumstances:
Summary Conviction: Up to 6 months in prison and/or a $5,000 fine.
Indictable Offence: Up to 5 years in prison.
Causing Bodily Harm: Up to 10 years in prison.
Causing Death: Up to 14 years in prison.
Factors influencing the sentence include the context of the offence, the accused’s background, the extent of property damage, and whether drugs, alcohol, or distracted driving played a role.
Defences to Dangerous Driving
There are several potential defences against a dangerous driving charge. These include:
Lack of a Marked Departure: Arguing that the driving did not significantly deviate from what a reasonable person would do in the same circumstances.
Momentary Lapse in Attention: Demonstrating that the dangerous driving was the result of a brief loss of attention rather than sustained negligence.
Medical Impairment: Proving that an unexpected medical condition, such as a blackout or seizure, caused the dangerous driving.
How to Get a Dangerous Driving Charge Dropped
The most effective way to have a dangerous driving charge dropped is to hire an experienced criminal defence lawyer. They may negotiate with the Crown to reduce the charge for careless driving under Alberta's Traffic Safety Act, which is a non-criminal offence. Alternatively, a skilled lawyer may be able to convince the prosecutor to withdraw the charges entirely by highlighting weaknesses in the case.
If you are facing a dangerous driving charge, seeking legal representation is crucial to ensure the best possible outcome. An experienced lawyer can assess your case, explore available defences, and work to protect your rights under Alberta's laws.
Criminal
Driving
Understanding the Implications and Defences
Road users in Alberta are governed by both Section 320 of the Criminal Code and the Traffic Safety Act. While violations of the Traffic Safety Act may result in fines, demerit points, or license suspensions, criminal driving charges come with far more severe penalties, including the potential for a lifelong criminal record.
If you face criminal driving charges, regardless of how compelling the evidence against you may seem, it is crucial not to admit guilt. Your future employment prospects, freedom to travel, and other personal liberties could be at risk.
Ryan Patmore is a dedicated criminal driving lawyer based in Alberta. With extensive experience defending such cases, Ryan can help you navigate the complex legal landscape and mitigate the serious consequences associated with a conviction.
What is Criminal Driving?
Criminal driving refers to offences that are processed through the criminal justice system in Alberta. This means you will be booked, and your fingerprints and photographs will be taken by the police, leaving an arrest record. Speaking to a lawyer should be a priority in such situations.
Criminal driving encompasses various driving offences, including:
Impaired Driving: Operating a vehicle under the influence of alcohol or drugs.
Dangerous Driving: Causing death or bodily harm while operating a motor vehicle, vessel, or aircraft.
Failure to Stop at the Scene of an Accident: Leaving the scene of an accident without providing contact information or assistance.
Refusing to Provide a Breath Sample: Declining to provide a breath sample when requested by law enforcement.
Driving While Disqualified: Operating a vehicle while your driver’s license is suspended.
Penalties for criminal driving offences can include mandatory minimum sentencing, substantial fines, and the loss of your driver’s license, as well as a lifelong criminal record.
Frequently Asked Questions
-
Careless driving involves operating a vehicle without reasonable care or attention, regardless of whether an accident results. It can include actions like swerving due to distraction. While not a criminal offence, it is a violation of the Traffic Safety Act and carries significant penalties:Fines up to $2,000
Six demerit points on your license
Possible license suspension of up to three months
Potential jail time of up to six months in severe cases
Dangerous driving, however, is a criminal offence with more severe long-term consequences. It involves reckless disregard for public safety, such as speeding in a school zone or aggressive driving.
Penalties for dangerous driving include:
Jail time up to five years
If injury occurred, up to 10 years in prison and a five-year license suspension
If a death occurred, up to 14 years in prison
Prosecution only needs to prove that your actions contributed to the injury or death of another person.
-
Driving while disqualified means operating a vehicle when your driver’s license has been suspended due to a previous offence. It is a criminal offence with the following potential penalties:
A significant fine
Jail term of at least 30 days
Additional license suspension of two to five years
It’s important to understand that a license is not automatically reinstated after the suspension period ends; steps must be taken to reinstate it.
-
Defending against criminal driving charges can be complex due to the broad range of offences involved. A lawyer like Ryan Patmore will thoroughly review the circumstances of your arrest and all related facts and evidence.Defences may focus on:
The actions and decisions made by law enforcement
Technical errors or procedural violations
Your version of events and how it relates to the charges
Even if the evidence against you seems strong, there are often viable defences that could result in the dismissal of charges or an acquittal. An experienced criminal driving lawyer will explore every possible avenue to build the strongest defence for your case.
Disqualified
Driving
Driving With A Suspended License
Driving while disqualified in Alberta is a serious criminal offence, and the consequences can be severe. If you find yourself in this situation, it's crucial to understand the legal implications and the defences available to you.
What is Driving While Disqualified?
Driving while disqualified occurs when an individual operates a motor vehicle, vessel, or aircraft after being prohibited from doing so by a court order. This disqualification typically follows a conviction for a criminal offence such as impaired driving, dangerous driving, or other serious traffic-related offences. The disqualification order is legally binding, and violating it is treated as a separate criminal offence under the Criminal Code of Canada.
In Alberta, this charge can be prosecuted as either an indictable offence or a summary conviction offence, depending on the severity of the case and the accused's history. The Crown Prosecutor will decide how to proceed based on the specifics of the offence.
Ryan's dedication to his clients goes beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future.
Why Do Drivers Get Disqualified?
Drivers can be disqualified from driving for several reasons, most of which stem from criminal convictions. Common reasons include:
Impaired Driving (DUI): Driving under the influence of alcohol or drugs.
Dangerous Driving: Operating a vehicle in a manner that endangers public safety.
Failing to Stop at the Scene of an Accident: Leaving the scene without providing necessary information or assistance.
Driving While Prohibited: Continuing to drive despite a previous court order.
The disqualification period varies depending on the severity of the offence and whether it is a first-time or repeat offence. During this period, the individual is legally barred from driving, and any violation of this order will result in further criminal charges.
Factors That Influence Sentencing
When determining the appropriate sentence, judges consider several factors, including:
The Reason for the Original Disqualification: More serious underlying offences may result in harsher penalties.
The Reason for Driving While Disqualified: If there were extenuating circumstances, such as an emergency, this might be considered.
Other Offences Committed While Driving Disqualified: If you committed additional crimes, such as impaired driving, this would aggravate the sentence.
History of Disobeying Court Orders: A pattern of ignoring court orders can lead to more severe penalties.
Penalties for Driving While Disqualified
The penalties for driving while disqualified are outlined in Section 259 of the Criminal Code. They can be severe and include:
Imprisonment: Up to five years if the Crown proceeds by indictment.
Fines: Up to $5,000.
Probation: Up to three years.
Further Driving Prohibition: An additional one-year prohibition for a first offence, with longer prohibitions for subsequent offences.
In addition to these penalties, the most significant long-term consequence is the addition of a criminal record. A criminal record can impact your ability to secure employment, travel, and even affect your immigration status if you are not a Canadian citizen.
Defences to Driving While Disqualified
Defending against a charge of driving while disqualified requires a skilled criminal defence lawyer like Ryan Patmore, who can assess the evidence and build a strong case. Possible defences include:
Mistake of Fact: If you genuinely believed that your disqualification had ended or that you were legally allowed to drive, this could be a defence. For example, confusion over the expiry of both a court-ordered disqualification and a provincial suspension could lead to this defence.
Violation of Constitutional Rights: If your rights were violated during the arrest or investigation, such as an unlawful stop or improper procedure, your lawyer might be able to have the charges dismissed.
Negotiation for a Lesser Charge: Even if the evidence against you is strong, your lawyer might be able to negotiate a plea deal for a lesser charge, such as driving while suspended, which carries lighter penalties and may not result in a criminal record.
Importance of Legal Representation
Given the serious consequences of driving while disqualified charge, it's essential to have an experienced lawyer like Ryan Patmore on your side.
Ryan's dedication to his clients goes beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future. By meticulously reviewing the evidence, identifying any legal errors, and presenting a strong defence, Ryan Patmore can help you navigate the complexities of the justice system and potentially avoid the most severe penalties.
If you have been charged with driving while disqualified in Alberta, contact Ryan Patmore today for expert legal advice and representation.
Driving
Unauthorized
What Is Driving While Unauthorized.
The distinction between "driving while unauthorized" and "driving while disqualified" can be confusing for many people in Alberta. Both are serious offences, and the province has enforcement programs in place to catch individuals who disregard the law. Understanding these offences and their consequences is crucial if you find yourself facing such charges.
What is Driving While Unauthorized?
Driving while unauthorized is a broad term under Alberta’s Traffic Safety Act, covering situations where a person operates a motor vehicle despite being prohibited from doing so due to reasons such as:
Accumulating too many demerit points on their license.
Incurring a suspension following an impaired driving charge.
Other administrative suspensions or cancellations of a license.
This offence is considered serious, though it differs from driving while disqualified, which is a criminal charge under the Criminal Code of Canada.
Driving while unauthorized generally results in hefty fines, further mandatory license suspensions, and potentially even jail time for repeat offenders. However, it does not carry the same long-term criminal implications as driving while disqualified. Before admitting guilt and paying the ticket, it's essential to explore your legal options, as you may be able to limit the consequences.
How Does Driving While Unauthorized Differ from Driving While Disqualified?
Under the Traffic Safety Act, a person is classified as an "unauthorized driver" if:
Their operator's license is suspended or cancelled under the Act.
They are disqualified from driving in Alberta.
Their license or permit is suspended or cancelled in another jurisdiction.
Their privilege to obtain a license in another jurisdiction is suspended or cancelled.
Driving while disqualified, on the other hand, is a criminal offence that typically involves a court order following a conviction for a serious offence like impaired driving or dangerous driving. Violating this court order by driving is treated much more severely than driving while unauthorized, with harsher penalties, including possible imprisonment and a lifelong addition to a criminal record.
Ryan's dedication to his clients goes beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future.
Driving While Unauthorized
-
Common Misconceptions About Driving While Unauthorized
Many people mistakenly believe that once their suspension period has ended, they can automatically start driving again. This is a misconception that can lead to serious legal consequences. In Alberta, when your license is suspended, you must take active steps to reinstate it through an Alberta Registry Agent office. Simply waiting out the suspension period does not restore your driving privileges. You need to provide proof that you've met the reinstatement requirements, pay the necessary fees, and receive written confirmation that your suspension has been lifted.
Another common misconception is that the vehicle must be moving for driving while unauthorized charge to apply. In reality, being in "care or control" of a vehicle—such as sitting in the driver's seat with access to the vehicle's controls—can result in a charge, even if the vehicle is stationary.
-
Penalties for Driving While Unauthorized
The penalties for driving while unauthorized in Alberta are significant. For a first offence, you can face:
A fine of up to $2,000.
An automatic additional six-month driving suspension.
Seizure and impoundment of the vehicle for 30 days, with towing and impound fees payable by the vehicle owner.
These penalties escalate with repeat offences. If convicted of driving while unauthorized within one year of the first offence, you could face:
Between 14 days and six months in jail.
An additional six-month driving suspension.
Further fines and penalties.
In addition to these immediate penalties, long-term consequences can include increased insurance premiums, making it more costly to get back on the road legally.
It's also important to note that if you're convicted of a criminal offence like impaired driving, you'll face penalties under the Criminal Code as well as a provincial license suspension. These suspensions may not align in duration, meaning you could still be prohibited from driving after serving a court-ordered suspension if your provincial suspension remains in effect.
-
Defences for Driving While Unauthorized
Defending against a charge of driving while unauthorized requires a strategic approach. The prosecution must prove two key elements:
You were operating a motor vehicle.
You were unauthorized to do so.
While this may seem straightforward, there are several defences that can be raised, depending on the circumstances of your case. Common defences include:
You Were Not Unauthorized to Drive at the Time: If there's a discrepancy in your suspension status, this can be a valid defence.
Constitutional Violations: If law enforcement violated your rights during the arrest or investigation, the charges may be challenged.
Technical Errors: Mistakes on your ticket, such as incorrect dates or misspelled names, can sometimes provide grounds for a defence.
Unavoidable Circumstances: If driving was necessary due to an emergency or other unavoidable situation, this could be a mitigating factor.
Incorrect Information from Government Officials: If you were mistakenly informed by a government official that you were allowed to drive, this could be used as a defence.
Making Sense of the System
Facing a charge of driving while unauthorized can be overwhelming, but with the right legal representation, you can navigate the complexities of the legal system and work towards minimizing the impact on your life. Ryan Patmore's dedication to his clients extends beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future. With Ryan’s extensive experience in defending driving offences, you can be confident that your case will be handled with the utmost care and attention.
If you've been charged with driving while unauthorized in Alberta, contact Ryan Patmore today to explore your legal options and protect your future.
Patmore.
The Importance of Legal Representation
Hit &
Run
Understanding Hit and Run Charges.
Traffic laws in Alberta impose strict obligations on drivers involved in accidents. Failing to follow these requirements can lead to serious legal consequences, including charges commonly referred to as "hit and run." These charges can result in significant penalties, including fines, license suspension, and even imprisonment.
If you are prosecuted under the Traffic Safety Act, the focus is on whether you were aware of the collision, not on intent to leave the scene. With Ryan Patmore’s expertise, you can explore these defences and work towards the best possible outcome for your case.
What is a Hit and Run?
In Canada, there isn’t a specific charge termed "hit and run." Instead, leaving the scene of an accident is prosecuted under various legal provisions, including the Traffic Safety Act of Alberta and, in certain cases, the Criminal Code of Canada.
Under the Criminal Code, failing to stop after an accident is a criminal offence. According to Section 320.16 of the Criminal Code:
"Everyone commits an offence who operates a conveyance and who, at the time of operating the conveyance, knows that, or is reckless as to whether the conveyance has been involved in an accident with a person or another conveyance, and who fails, without reasonable excuse, to stop the conveyance, give their name and address, and, if any person has been injured or appears to require assistance, offer assistance."
Calgary Hit and Run Lawyer
When facing charges related to leaving the scene of an accident, it's crucial to understand your legal obligations and the potential repercussions. Ryan Patmore offers experienced representation to help navigate these complex legal challenges.
Ryan's dedication to his clients goes beyond just legal representation—he offers reassurance and support during one of the most challenging times in their lives, aiming to achieve the best possible outcome while safeguarding their future.
Hit & Run FAQ
-
Penalties for Leaving the Scene of an Accident
The consequences of leaving the scene of an accident vary based on the severity of the incident:
Property Damage: If you leave the scene of an accident involving minor property damage without providing your contact and insurance information, you may face a revoked or suspended license and demerit points. Specifically, you could receive up to seven demerit points, or three points if you fail to notify the owner of an unattended vehicle about the damage.
Bodily Harm: If the accident resulted in injury, penalties can include a fine of up to $2,000, a license suspension for up to three months, and a possible jail sentence of up to six months.
Death: If someone was killed as a result of the accident, the penalties become more severe, potentially involving extended prison time, substantial fines, and long-term license revocation.
These penalties can also impact your employment prospects, travel freedom, and insurance premiums.
-
Legal Obligations After an Accident
In Alberta, all drivers have specific responsibilities after an accident, regardless of fault or whether damage or injury occurred. Under Section 69(1) of the Traffic Safety Act, you must:
Exchange your license plate, contact, and insurance information with other drivers involved.
Provide necessary assistance to anyone injured.
Wait and speak to the police if required.
Return to the scene if you left, unless directed otherwise by a police officer.
Leave your information at the scene if the vehicle you hit was unattended.
If you believe you’ve met these obligations but still face complaints, consulting with an experienced traffic offence lawyer like Ryan Patmore can help manage your situation.
-
Defences for Leaving the Scene of an Accident
To secure a conviction, the prosecution must prove that you left the scene or failed to return as required. Common defences include:
Violation of Constitutional Rights: If the police did not follow proper procedures as per the Canadian Charter of Rights and Freedoms, it could strengthen your defence.
Vehicle Not Involved: Demonstrating that your vehicle was not involved in the accident can be a strong defence.
Necessity: Proving that leaving the scene was necessary and unavoidable with reasonable care.
Technical Errors: Serious technical errors on your ticket, such as missing dates, may lead to dismissal.
No Consent: If you were not the driver, proving that the driver acted without your consent may be applicable.
Failing To Stop For Police
What do you do?
Failing to stop for a police officer in Alberta is a serious criminal offence that can lead to severe penalties, including fines, jail time, and long-term consequences such as a criminal record and licence suspension. This article explains the legal implications, potential penalties, and available defences for those charged with "flight from a peace officer" under section 320.16 of the Criminal Code of Canada. If you are facing these charges, consulting with an experienced criminal defence lawyer like Ryan Patmore is essential to protect your rights and minimize the impact on your life.