Legal Expertise in Drug-Impaired Driving Cases

At Mor Fisher LLP, we specialize in defending individuals charged with drug-impaired driving under Canadian law as outlined in Section 320.14 of the Criminal Code. Our experienced legal team understands the complexities of these cases and is prepared to provide a robust defense.

Understanding Drug-Impaired Driving Offences

Drug-impaired driving is a serious offence in Canada, encompassing various scenarios:

• Impaired Operation (Section 320.14(1)): Operating a conveyance while impaired by one or more drugs, or a combination of drugs and alcohol.
• Post-Operation Blood Concentration: Having a drug concentration exceeding prescribed limits within two hours of operating a conveyance.

Key Exceptions and Defenses

Several exceptions under the law can be crucial in defense strategies:

• Exception for Drugs (Section 320.14(6)): No offence if drugs were consumed after operating the conveyance under specific conditions.
• Exception for Combined Influence (Section 320.14(7)): Pertains to scenarios involving both alcohol and drugs.

Penalties and Consequences

The penalties for drug-impaired driving can be severe:

• Minimum Punishments (Section 320.19(1)): Including fines and imprisonment, escalating with subsequent offences including a mandatory minimum 30 days of jail on a second offence, and four months for a third.
• Operation with Low Blood Drug Concentration: Subject to fines under summary conviction (Section 320.14(4)).

Our Approach to Your Defense

Our defense strategy includes:

• Analyzing the Arrest and Evidence: Scrutinizing the legality of the traffic stop, the arrest, and the testing-procedures used in determining impairment or collecting blood or urine samples.
• Challenging Blood/Urine Concentration Evidence: Arguing for the exclusion of any forensic evidence of drugs in the system as a result of one or more Charter breaches.
• Examining SFST or DRE Evidence: Carefully scrutinizing any physical testing of sobriety conducted at the roadside or at the station upon arrest.

Schedule a Consultation

Facing a drug-impaired driving charge requires expert legal representation. Contact Mor Fisher LLP for a confidential consultation to discuss your case and explore your legal options.