|
These are 2 separate (but often linked) types of
offences.
In “impaired driving”, “impaired operation”, or
“impaired care or control”, the Prosecution must prove,
beyond reasonable doubt, that your driving ability was
impaired in some way by alcohol or drugs. You
can be convicted even if the effect on your ability was
only slight. The Prosecution only has to prove
IMPAIRMENT. The Prosecution DOES NOT have to prove that
your driving was dangerous.
An “over 80” offence, involves a driver with more
than 80 milligrams of alcohol per 100 milliliters of
blood whether their ability to operate a vehicle is
impaired or not. If a breath and/or blood test
show higher than this figure, then the offence exists –
even if there is no evidence of impairment.
Traffic Court Specialists will defend you against these
charges |
Impaired
