Criminal Lawyers in Montreal

Lory Zakarian

Driving Lawyer In Laval

Legal Defence with Me Lory Zakarian for driving related infractions.

Driving offenses are some of the most common legal issues individuals face. From minor infractions to serious criminal charges, driving offenses can lead to fines, license suspensions, increased insurance premiums, and even imprisonment. Quebec’s strict traffic laws aim to ensure road safety, and violations can carry severe penalties.

If you are facing a driving-related charge, understanding your legal options and seeking professional legal guidance is essential to protect your rights and minimize the consequences.

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A Legal Definition of Driving Infractions

A driving offense in Quebec refers to any violation of the national driving laws. Such offenses can range from minor offenses like speeding or failing to stop at a red light, to more serious crimes like driving under the influence (DUI) or reckless driving.

Driving offenses are not limited to speeding, they can occur when driving under the influence of alcohol and drugs. The consequences for such an offense vary on the severity of the offense committed by the individual, which can range from minor to major. Each jurisdiction has its own definitions and classifications for driving offenses. For such offenses, you need a specialized driving lawyer in Laval with a comprehensive understanding of criminal law and driving offenses, as well as the ability to navigate the complexities of such serious charges.

Table of Contents

Types of Driving Infractions

Driving offenses range from minor traffic violations to serious criminal charges. Some of the most common offenses include:

DUI

Driving Under the Influence (DUI) of alcohol is a serious criminal offense in Laval with severe consequences for those convicted. DUI charges, also referred to as impaired driving or drunk driving, occur when an individual operates a vehicle with a blood alcohol concentration exceeding the legal limit or while their ability to drive is impaired by alcohol.

Quebec’s strict laws aim to protect road users and prevent accidents caused by impaired driving. If you are facing a DUI charge, it’s essential to act quickly to understand your rights and secure skilled legal representation to defend yourself.

What Constitutes a DUI ?

A DUI charge can be laid under the following circumstances:

  1. Exceeding the Legal Limit:
    • Operating a vehicle with a blood alcohol concentration of 0.08% or higher (80 mg of alcohol per 100 ml of blood).
  2. Zero Tolerance for New Drivers:
    • Drivers with learner’s or probationary licenses must maintain a BAC of 0.00%.
  3. Impaired Ability to Drive:
    • Even if your BAC is below the legal limit, you can be charged if your ability to drive is visibly impaired by alcohol.
  4. Refusal to Provide a Breath Sample:

    • Refusing a breathalyzer or roadside sobriety test can result in immediate charges and penalties.

Penalties for DUI

DUI offenses in Laval carry strict penalties under the Criminal Code of Canada and Quebec’s provincial laws. Depending on the circumstances, you could face:

  • First Offense – Minimum sentence:

    • Fine of at least $1,000.
    • License suspension for 90 days or longer.
    • Possible requirement to install an ignition interlock device (breathalyzer in your vehicle).
  • Second Offense:
    • Minimum of 30 days in jail.
    • Longer license suspension or revocation.
  • Third or Subsequent Offense:
    • Minimum of 120 days in jail.
    • Lifetime driving prohibition in severe cases.
  • Aggravating Factors:
    • Higher penalties if the offense involved an accident, injury, or death.
    • Immediate vehicle impoundment.

In addition to criminal penalties, individuals convicted of DUI often face:

  • Increased insurance premiums.
  • A permanent criminal record, which can impact employment and travel opportunities.

Dangerous Driving

Dangerous driving is a serious criminal offense, often resulting in severe penalties, including fines, imprisonment, and driving prohibitions. This offense occurs when someone operates a motor vehicle in a manner that poses a significant risk to the safety of others, including pedestrians, passengers, and other road users.

Quebec law is strict when it comes to road safety, and dangerous driving charges are treated with utmost seriousness. If you have been charged with dangerous driving in Laval, it is essential to understand the legal implications and act promptly to protect your rights and future.

What is Dangerous Driving?

Dangerous driving, under Section 320.13 of the Criminal Code of Canada, is defined as operating a motor vehicle in a manner that is dangerous to the public, considering all the circumstances, such as:

  • Excessive Speeding: Driving far above the speed limit, particularly in residential or school zones.
  • Aggressive Driving: Tailgating, weaving through traffic, or making unsafe lane changes.
  • Street Racing: Participating in illegal racing activities on public roads.
  • Driving While Distracted: Using a cell phone or other devices that divert attention from the road.
  • Driving Under the Influence: Operating a vehicle while impaired by alcohol or drugs.
  • Reckless Behavior: Ignoring traffic signals, stop signs, or other rules of the road.

Hit and run

A hit and run is a serious criminal offense and across Quebec, with harsh legal consequences for those convicted. This offense occurs when a driver involved in a motor vehicle accident leaves the scene without providing their information or offering assistance to anyone who may have been injured.

Hit-and-run laws are designed to ensure accountability and protect the rights of accident victims. If you’ve been accused of a hit and run, it’s crucial to understand the legal implications and take immediate steps to build a strong defense with the help of an experienced lawyer.

What Constitutes a Hit and Run?

Under Section 320.16 of the Criminal Code of Canada, a hit and run (also called “failure to remain at the scene”) occurs when a driver involved in an accident fails to:

  1. Stop their vehicle at the scene.
  2. Provide their name, address, driver’s license, and insurance details to the other party involved.
  3. Offer reasonable assistance to anyone injured in the accident, such as calling emergency services.

This applies regardless of whether the accident involves another vehicle, a pedestrian, or property damage.

Police pursuit

Evading or fleeing from police during a pursuit is a serious criminal offense throughout Quebec. Known as “flight from police” under the Criminal Code of Canada, this offense occurs when a driver willfully ignores an officer’s signal to stop and attempts to evade law enforcement. Police pursuits are not only dangerous to the driver and officers involved but also to other road users, and the legal consequences reflect the seriousness of this act.

If you’ve been charged with fleeing the police, it is crucial to understand the legal implications and secure the services of a knowledgeable criminal defense lawyer to protect your rights.

What is Considered a Police Pursuit Offense?

A police pursuit offense, as outlined in Section 320.17 of the Criminal Code of Canada, involves:

  1. Failing to Stop for Police:
    • Ignoring an officer’s lights, sirens, or verbal instructions to pull over.
  2. Attempting to Evade Arrest:
    • Speeding away, making evasive maneuvers, or taking other actions to avoid being apprehended.
  3. Dangerous Driving During the Pursuit:
    • Engaging in reckless driving behaviors, such as speeding, running red lights, or endangering public safety during the chase.

Penalties for Police Pursuit

The consequences of a police pursuit conviction depend on the circumstances of the offense, particularly if the pursuit resulted in injury, death, or property damage. There are long-term restrictions on driving privileges that the SAAQ can impose as well.

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What to do if You’re Charged with a Driving Infraction

The person’s act decides their punishment so it is important to know the consequences before doing such offense. But if you get arrested for any such offense then you should always keep these necessary steps in their mind.

First Step

The first and foremost step is to remain calm at the time of arrest. Your behavior during the arrest can influence how authorities treat you. You should understand that cooperation does not mean confession. You should never resist the arrest and always remain silent. Never discuss your case with anyone until your lawyer suggests you do so. It is important to call your driving lawyer as soon as possible.

Second Step: Choose your driving lawyer

It is important to have a skilled and experienced driving attorney, who can handle your case smoothly. Furthermore, it is important that you should be completely honest and transparent with your lawyer, and provide all the necessary documents and evidence to strengthen your case. So, choose a lawyer who is well-versed in the province of driving offenses like Me Lory Zakarian.

Last Step: Know your rights

You should always be aware of your rights. You are eligible to get a fair trial and due process under law. At the time of arrest, you have the right to remain silent and you don’t have to testify against yourself. You can also bring your own evidence to court to support your defense.

Implications of Legal Actions

The legal consequences for such offenses are not only limited to fines and imprisonment but also restrict you from various things. Here are some key points regarding this:

  • Most of the driving offenses are penalized with fines and imprisonment.
  • If you committed these types of offenses then there are chances that your license may be suspended.
  • If you commit a driving offense due to gross negligence or harm to others, then it can result in a criminal record and can lead to a long-term impact on employment and travel opportunities.
  • The court may mandate participation in educational or rehabilitation programs for offenses which are related to DUI.
  • In certain situations, such as driving without a valid license or insurance, the vehicle being driven may be seized and impounded.
  • If the driving offense involves property damage or injury to others, the court may order the offender to pay restitution or compensation to the victims.
  • Having a driving offense on record, especially a serious one, will generally lead to higher car insurance rates.

After Conviction

The life of an offender is not limited to fines and imprisonment. According to your act and behavior, you will get the opportunity of probation and parole. Instead of serving time in prison, you will be kept under supervision. Also, the court requires individuals to complete community service hours as part of their sentence, which is meant to provide a rehabilitative experience and a form of restitution to the community.

Understanding the nature and classification of driving infractions in Québec is crucial. Whether you’re dealing with a minor traffic ticket or a more serious offense, having a skilled driving lawyer can make a significant difference in navigating the legal system. If you find yourself in such a situation, do not hesitate to contact Me Lory Zakarian to ensure your rights are protected and you receive the best possible outcome. Contact Me Lory Zakarian to safeguard your rights.

Need Help Immediately

Understanding the necessary elements of driving offenses is paramount for anyone entangled in such a situation. It is important to retain the services of an experienced lawyer, like Me Lory Zakarian. Don’t risk your future; if you or someone you know is facing criminal accusations, seek professional help immediately.

Relevant Legal Resources

  • The Criminal Code provides the foundation for the prosecution of these crimes.
  • Charter of Rights & Freedoms, provided under this act that everyone has a right to freedom whether in terms of equality, life, judicial rights, political rights, and much more.

Lory Zakarian, Avocats

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3090 Boul. le Carrefour bureau 200, Laval, Quebec, H7T 2J7, CA

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