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A judge recently acquitted a petty cocaine dealer caught in a Scarborough traffic stop of possessing a firearm under his driver’s seat because cops failed to investigate properly.

“The police investigation was incomplete in a crucial way,” Justice Timothy Lipson said in clearing Jermaine Barrows-Taylor, 26, of weapons charges last week because the car’s two passengers could have planted the weapon and officers failed to interview them.

Barrows-Taylor, who had a significant amount of cash plus weed in the car’s centre console, pleaded guilty to possessing nine grams of cocaine for the purpose of trafficking.

Toronto Police pulled him over as a suspended driver on Aug. 26, 2018 near Eglinton Ave. E. and Bellamy Rd.

Barrows-Taylor’s acquittal on the gun charges likely spared him a three-year prison sentence. He will be sentenced on April 14 for drug dealing.

Officers released two passengers from the car after Barrows-Taylor claimed ownership of the cocaine. Officers took the passengers’ contact info and determined they had no warrants outstanding.

Once the passengers left, however, police found a black bag stashed under the driver’s seat containing a loaded 9 mm semi-automatic handgun and 13 cartridges of ammo.

“Other potential suspects who were in a position to place the gun under the driver’s seat were not eliminated,” said Lipson.

As a result, the judge concluded the Crown “was unable to negate other reasonable possibilities consistent with the innocence of the accused.”

“It was likely, even highly likely, that the black bag and its contents belonged to the accused,” said Lipson. “He was the driver and the bag with the gun and ammunition was under his seat.”

Drug traffickers often possess guns to protect themselves and their drugs, said Lipson.

“Moreover, the accused’s belt was unbuckled and his pants partially down. One could infer he had just removed and hidden something — maybe the drugs, maybe the gun, maybe both — near or under the back of the driver’s seat,” said Lipson

Police testified both passengers would have been charged with the firearms offence if the gun was discovered earlier, said Lipson.

“Justice Lipson came to the right decision,” defence lawyer Arvin Ross said. “If he had found my client guilty … it would have been a miscarriage of justice.”

“The police did not do any follow-up investigation to disprove the alternate defence theory for how the gun ended up in the vehicle,” said Ross. “Ultimately, this was the flaw in the Crown’s case.”

A judge previously tossed a separate case after finding veteran prosecutor Marnie Goldenberg angrily berated a Toronto cop over his testimony, saying: “We protect our own.”

By Jacques Gallant Courts and Justice Reporter

A veteran Crown attorney who caused a criminal case to collapse after she berated a Toronto police officer in a courthouse hallway has seen a second case thrown out in the same month over her conduct.

A man’s charges of drug possession and operating a motor vehicle while impaired by a drug were stayed on May 15 due to the “unacceptable negligence” of Crown attorney Marnie Goldenberg and Toronto police in failing to preserve and disclose “highly important” video evidence that ended up being erased from police servers.

Ontario Court Justice Sean Gaudet concluded that the failure to provide the video — which Goldenberg initially said didn’t exist — had breached the accused man’s right to make full answer and defence to the charges.

It was the second judgment issued in May to be critical of Goldenberg, a prosecutor of 22 years who specializes in driving offences. On May 4, Ontario Court Justice Mara Greene stayed charges against a man accused of striking a police officer with a motorcycle after the judge found Goldenberg angrily told a cop who testified for the defence and whose evidence risked hurting the Crown’s case: “We protect our own.” Greene also found that Goldenberg was “less than candid” in her testimony about the courthouse hallway encounter and “did not provide the court with a fair and fulsome account of what took place.”

The Ontario Crown Attorneys’ Association, the prosecutors’ union, voiced its support for Goldenberg after Greene’s ruling, describing her as “one of our finest Crowns” in an email to all Ontario prosecutors obtained by the Star.

“The Ontario Crown Attorneys’ Association stands behind and supports Marnie,” says the email.

Judge slams veteran prosecutor for angrily telling Toronto cop ‘we protect our own.’ Charges stayed against man accused of hitting officer

The Ministry of the Attorney General, Goldenberg’s publicly-funded employer, has never answered questions, including for this story, about the judges’ findings regarding Goldenberg, whether she’s faced any disciplinary action, and if a review is being undertaken of her cases.

In the second case to crumble, the accused man was arrested on Dec. 6, 2023, after he was found slumped over in the driver’s seat of a car parked on Queen Street West with the ignition running. He was taken to Toronto police’s traffic services unit and given what’s known as the drug recognition evaluation (DRE), where an officer assesses through a series of tests whether an individual may be impaired by drugs. Officer Joseph Mate concluded that the accused was impaired and demanded a urine sample, which came back positive for methamphetamine.

At issue in the case was the video of the man’s DRE. Defence lawyer Arvin Ross first requested it in June 2024, and followed up a month later, at which point Goldenberg said: “There is no video of the DRE.”

It only emerged a year later, in May 2025, during Ross’ cross-examination of Mate at the accused man’s trial, that the DRE room did, in fact, have a camera and Mate believed it had recorded the evaluation.

But any video from December 2023 that wasn’t uploaded to the police’s digital evidence repository within a 12-month retention period no longer existed by the time of the man’s trial — but would have existed at the time Goldenberg told the

defence it didn’t.

“I find unacceptable negligence on the part of the police and Crown in failing to ensure the preservation and disclosure of the video recording,” Gaudet wrote. “Given the importance of this evidence, the only remedy available to removing the prejudice to the applicant is a stay of proceedings.”

The judge noted that when Ross first began questioning Mate about video recording in the DRE room, Goldenberg objected, saying the topic was “irrelevant” because she had already told the defence that there was no DRE video. But then Goldenberg requested a recess to get more information, and came back to tell the court that she learned police had been recording DRE procedures since April 2023, several months before the accused man’s arrest.

Toronto police spokesperson Nadine Ramadan said the force takes “judicial comments on our processes and conduct seriously,” and that findings calling into question police conduct would spark an investigation.

Ross, the defence lawyer, told the Star that the case highlights the importance of every participant in the justice system being diligent in their duties, saying it’s something his firm takes seriously.

“We believe due diligence is not optional in criminal law; it is an ethical obligation,” he said. “That means actively verifying disclosure, questioning inconsistencies, following up repeatedly when necessary, and never presuming that something does or does not exist without confirmation.”

Toronto woman convicted of making antisemitic threat against Crown attorney in courthouse elevator — ‘I froze. Iwas scared,’ lawyer testifies

The defence brought a “lost evidence” application, leading to the charges being stayed. A police digital evidence specialist testified that a disclosure request form had to be submitted to his department by an officer in order to manually download the DRE video and upload it to the force’s online digital repository so that it wouldn’t be lost. He confirmed that no disclosure request form was ever submitted in this case.

Gaudet wrote “it is important to emphasize that the Crown did not provide any evidence” on a number of issues, including why Goldenberg told the defence in 2024 that there was no video of the DRE procedure, and what steps, if any, she took to inquire about its existence with the police.

“Where the Crown gives no explanation why the evidence was lost, the Crown has failed to meet its disclosure obligation,” the judge said.

Gaudet wrote that it’s possible the police initially provided erroneous information to Goldenberg that the DRE room wasn’t video-recorded in December 2023 — “However, no evidence was called to this effect.”

The judge said the video, which would have had no sound, was “highly important evidence,” as it could have helped bolster the accused man’s claims that Mate’s observations of him in the DRE room were not accurate. “Without this evidence, it was just his word against that of an experienced police officer,” Gaudet wrote.

Goldenberg argued the lost evidence application should be dismissed because the accused failed to show that a video existed in the first place. But Gaudet concluded based on the evidence that the DRE of the accused was recorded, but was now erased because it had not been downloaded before the end of the 12-month retention period. He wrote that it was “clearly negligent” of the police not to download the video.

“I also find that it ill behooves the Crown to take the position that the applicant has not proven that the video recording ever existed, when she informed applicant’s counsel on July 25, 2024, that the video recording did not exist, at a time when the video recording could have been downloaded,” Gaudet wrote, emphasis his.

Verbal abuse is a crime in Canada when it involves uttering threats or creating a fear of harm. AR Law Firm provides a tenacious defense for those facing these charges.

Last Updated: February 17, 2026

While verbal abuse is not a standalone charge in the Criminal Code of Canada, specific acts associated with it are illegal. Making threats or creating a fear of immediate harm can lead to serious criminal charges. These cases most commonly result in charges of uttering threats or assault.

What is the Verbal Assault Meaning in Canada?

Verbal assault refers to non-physical communication that causes a person to fear immediate force. In a legal context, it is not just being mean or using aggressive language. It is conduct that crosses the line into criminal activity defined by the Criminal Code, such as threatening death or bodily harm.

At AR Law Firm, we understand that these situations often involve emotional family disputes or misunderstandings. Arvin Ross uses nearly twenty years of experience to differentiate between a heated argument and a criminal act. Our approach ensures your side of the story is heard in the Ontario court system.

When Does Verbal Abuse Become a Criminal Offence?

Verbal abuse becomes a crime when it includes a threat to cause harm or damage. The most relevant charge is Uttering Threats under Section 264.1 of the Criminal Code. You can be charged if you knowingly convey a threat to:

1. Cause death or bodily harm to any person.

2. Damage real or personal property, such as a home or vehicle.

3. Kill or injure an animal that belongs to someone.

If the verbal conduct falls into these categories, the Crown Attorney can prosecute it as an indictable offence. Our team focuses on whether the statements made truly qualify as a threat under Canadian law.

How Does the Criminal Code Define Assault?

The Criminal Code defines assault as a threat to apply force that creates a reasonable fear of danger. Under Section 265, assault does not require physical contact. It occurs when a person:

1. Attempts or threatens to apply force by an act or gesture.

2. Causes another person to believe they are in immediate danger.

3. Uses language that suggests physical harm is about to happen.

This means a verbal threat alone can constitute an assault. The prosecution must prove the fear felt by the other person was reasonable. We work to challenge these grounds and protect your freedom.

What Evidence is Used in Verbal Threat Cases?

Evidence in verbal threat cases relies heavily on witness testimony and digital records. Since there is often no physical injury, the court looks at the surrounding context of the communication. Common forms of evidence include:

1. Digital Evidence: Text messages, social media posts, and emails.

2. Audio Recordings: Voicemails or security camera footage with sound.

3. Witness Accounts: Testimony from people who heard the exchange.

4. Police Observations: Notes taken by officers at the scene of the incident.

Our firm provides a strategic, personalized approach to handle these types of evidence. We investigate the reliability of witness claims and the context of digital messages. This attention to detail is essential for a strong defense.

Penalties for Uttering Threats or Verbal Assault

Penalties for verbal-based crimes can include up to five years in prison. The severity of the sentence depends on the type of threat and the defendant’s criminal history.

Criminal Charge	Maximum Sentence (Indictable Offence)
Uttering Threats (Death/Bodily Harm)	Up to five years in prison.
Uttering Threats (Property Damage/Animal Harm)	Up to two years in prison.
Assault (Section 265)	Up to five years in prison.

A conviction can tarnish your reputation and limit your ability to travel or work. AR Law Firm advocates for fair resolutions and offers flexible payment plans to help you access legal counsel.

Defence Against Verbal Assault Charges

A common defense against verbal assault is arguing that the statement was not a true threat. A legal strategy may also involve showing the words were taken out of context or exaggerated. We look for ways to prove:

1. The accused had no genuine intent to intimidate.
2. The witness testimony is inconsistent or unreliable.
3. There was a fundamental misunderstanding of the situation.
4. The threat was not immediate as required by law.

If you are facing charges, do not wait for the situation to escalate. Call our offices today to speak with our compassionate legal team for a free case review call.

An impaired driving charge can feel like the end of the world. One moment, you’re driving down the familiar streets of Scarborough, perhaps on Kingston Road or Ellesmere Road, and the next, you see the flashing red and blue lights of the police. It is a moment that can change your life forever. In Canada, impaired driving, often called “DUI” or “drunk driving” in common talk, is a serious criminal offence with lasting consequences. We know that these charges can create immense stress, not just on the individual but on their family. Our family at AR Law Firm is here to provide the peace of mind that comes with a robust and experienced defence.

The legal journey that begins with a roadside stop is complex, filled with specific procedures and strict deadlines. An impaired driving conviction brings serious penalties that go far beyond a simple fine. They can affect your ability to drive, your job, your finances, and even your freedom. Navigating the Ontario court system, including the courthouse right here in Toronto at 10 Armoury St., requires a deep understanding of the law and a strategic approach. We believe in solving this problem for our clients, helping them understand their rights and the road ahead.

The Criminal Code of Canada and Impaired Driving

Impaired driving is covered under Part VIII.1 of the Criminal Code of Canada, Section 320.14. This section defines several offences related to the operation of a conveyance (a vehicle, vessel, aircraft, or railway equipment) while a person’s ability to do so is impaired by alcohol or a drug. The law also creates distinct offences for having a blood alcohol concentration (BAC) at or over the legal limit, which is 80 milligrams of alcohol per 100 millilitres of blood, which is often referred to as the “over 80” offence.

It is important to understand that impaired driving and the “over 80” offence are separate charges. A person can be charged with impaired driving even if their BAC is below 80 if a police officer believes their ability to drive is affected by alcohol or drugs. Likewise, a person can be charged with the “over 80” offence even if they show no obvious signs of impairment. We see these kinds of charges regularly at the Toronto courthouse.

Immediate Consequences at the Roadside

Suppose a police officer, perhaps from the Toronto Police Service’s 43 Division, pulls you over in Scarborough on suspicion of impaired driving. In that case, you will face immediate consequences before even reaching a courthouse, as an officer can issue an immediate roadside suspension of your driver’s licence. For example, if you register a BAC in the “warn range” (0.05 to 0.079), you will receive a 3-day licence suspension and a monetary penalty for a first offence.

If your BAC is at or over 0.08, or if you refuse to provide a breath sample, you face a mandatory 90-day licence suspension, and your vehicle will be impounded for 7 days. This administrative suspension is separate from any penalties you might receive from a criminal conviction. It happens on the spot and does not require a formal charge or a finding of guilt in court, which is often the first and most immediate shock for people who contact us.

Penalties Upon Criminal Conviction

If you are convicted of impaired driving under the Criminal Code, the penalties are severe and long-lasting. They can include a combination of fines, driving prohibitions, mandatory education programs, and even jail time. The penalties become more serious with each subsequent offence.

First Offence

For a first offence, the minimum penalty is a mandatory fine; however, this minimum can increase based on your BAC reading. In addition to the fine, a first conviction brings a mandatory minimum driving prohibition of one year.

To get your licence back, you will have to participate in education and treatment programs and install an ignition interlock device in your vehicle. These programs are not free and add to the financial burden of a conviction. A conviction also results in a permanent criminal record, which can impact your employment and travel for years to come.

Aggravating Factors and Enhanced Penalties

The Criminal Code also outlines enhanced penalties for impaired driving offences that cause bodily harm or death. These are not minor charges; they are among the most serious offences in the Criminal Code.

If an impaired driving offence causes bodily harm, the maximum penalty is 14 years in prison. If it causes death, the maximum penalty is life imprisonment. These charges are often prosecuted by a Crown prosecutor at the Scarborough courthouse with great seriousness, and a conviction can have catastrophic results for an accused person.

How We Can Help

Facing an impaired driving charge in Scarborough and the GTA can be an overwhelming experience. The police have significant resources to prosecute these cases, and this is where your defence becomes essential because a conviction is not a foregone conclusion. The system must prove its case beyond a reasonable doubt, and we can challenge the evidence presented. We understand the fear and uncertainty that you must be facing, and our goal is to provide a sense of peace of mind by building a strong and comprehensive defence.

The sooner you act, the more options you have. Contact us today to schedule a confidential consultation. We are here to help you understand your legal situation and discuss how we can build a strong defence to protect your rights. Call AR Law Firm today at (416) 960-0781 to schedule a consultation with our team.

What Constitutes a Marijuana DUI in Ontario?

Under Canadian law, driving while impaired by cannabis is a criminal offence. Section 320.14(1)(c) of the Criminal Code makes it illegal to operate a motor vehicle while any drug, including marijuana, impairs the ability to any degree. Substances that can cause driving impairment include THC, the active component in cannabis. Unlike alcohol, where impairment levels are measured with relative precision by measuring blood alcohol concentration (BAC) with a breathalyzer, cannabis impairment is less straightforward.

When Marijuana Detectable, Charges Will Be Filed

Cannabis affects individuals differently depending on factors like body weight, frequency of use, and method of ingestion. While alcohol impairment has a long-established scientific basis for thresholds, cannabis remains more variable, and its effects can persist even after the sensations have subsided. This variability complicates enforcement and legal proceedings; however, the law is clear: any detectable level of impairment while driving can result in charges.

How Law Enforcement Detects Cannabis Impairment

Law Enforcement officers in Canada use a combination of tools and observations to detect cannabis impairment. These methods are never infallible, and each has implications for how charges are laid and defended in court.

Common enforcement methods include:

• Drug Recognition Evaluations (DRE): Trained officers can be called to assess physiological and behavioural indicators of drug impairment through a multi-step process. Indicators include abnormal pulse rate, eye movement, and motor coordination.
• Oral Fluid Testing: Approved roadside devices collect saliva samples to test for the presence of THC. Under Canadian law, drivers with THC levels of two (2) nanograms (ng) but less than five (5) ng per millilitre of blood may be charged under a summary offence. In contrast, 5 ng or more is treated as a hybrid offence and has more severe penalties.
• Blood Testing: If further investigation is warranted, blood samples may be obtained through a warrant or with consent to confirm THC levels.
• Urine Testing: Poor performance on the DRE testing can result in a Urine Demand which would be analyzed by the Center for Forensic Sciences to determine if it contained any drugs or metabolites.

The Cannabis Act, S.C. 2018, c. 16, along with accompanying regulations, establishes these procedures. But, each test has limitations, and testing may not conclusively establish a driver was impaired at the time of the incident.

The Legal Consequences of a Marijuana DUI Conviction

Being convicted of drug-impaired driving can have serious, lifelong consequences. While penalties vary depending on the circumstances, even a first offence can leave a permanent mark.

Legal consequences include:

• First-time offences: These offences typically result in a mandatory minimum fine of $1,000 and a one-year driving prohibition. There is also the possibility of a jail sentence if aggravating factors are present.
• Repeat offences: Subsequent offences carry significantly harsher penalties. A second conviction can lead to a minimum of 30 days in jail, while a third or subsequent offence brings a minimum of 120 days.
• Criminal record: A conviction automatically results in a criminal record, which can affect future opportunities in travel, employment, and housing. Unlike traffic tickets or provincial offences, this record does not simply disappear with time.

Can You Avoid a Criminal Record? Your Legal Options

While the legal process for filing marijuana DUI charges is strict, some strategic legal actions could help you avoid a permanent criminal record. These options are limited and will reflect the specifics of the evidence and the court’s discretion.

Possible alternatives include:

• Conditional discharges: Rare in impaired driving cases due to public safety concerns, but theoretically possible in exceptional situations where rehabilitation is demonstrably underway. This requires skillful negotiation to amend the Impaired Driving charge to an alternative offense.
• Plea agreements: Negotiating a plea to a lesser offence, such as careless driving, could be possible. A plea deal can help you avoid a criminal record, but it may include fines and driver’s licence suspension.
• Diversion programs: Some jurisdictions offer pre-trial diversion for low-risk individuals, though these are more commonly applied in non-driving offences. Participation may involve counselling, community service, or education programs. In Ontario, Diversion programs are not typically available for Impaired Driving charges.  

These outcomes can be achieved with experienced legal advocacy and early intervention, particularly if the prosecution’s case has weaknesses or if mitigating circumstances exist.

Defences That Might Help You Beat the Charge

Mounting a successful defence against a marijuana DUI charge requires a strategic and fact-specific approach. Many cases are won or dismissed based on how evidence was gathered and interpreted.

Potential defences include:

• Challenging testing accuracy: Oral fluid tests and DRE procedures are not foolproof. Issues with calibration, officer training, or environmental contamination can undermine their reliability.
• Procedural errors or Charter violations: If the police fail to follow the correct protocols, such as conducting an unlawful search and seizure or failing to inform the accused of their rights, the evidence may be excluded.
• Proving lack of impairment: A driver may have THC in their system from past usage without being impaired at the time of arrest. Expert testimony or evidence of safe driving behaviour can support this argument.

Each case must be assessed individually to determine whether these or other defences may apply.

Long-Term Impacts of a Marijuana DUI Record

A conviction for drug-impaired driving extends far beyond the courtroom. The ripple effects can last for years, or even indefinitely.

Consequences include:

• Travel restrictions: A criminal record may prevent entry to many countries, including the United States, even for short visits or business travel.
• Employment and volunteering: Many employers conduct background checks, and a record may disqualify candidates from certain roles, particularly those involving driving or working with vulnerable populations.
• Insurance and licensing: Auto insurance premiums can rise significantly, or an insurer could deny coverage altogether. Professional licences and security clearances may also be affected.

These long-term impacts can be more damaging than immediate legal penalties, and it is crucial that you understand all the ramifications before choosing to accept a plea or going to court without legal representation.

Why Legal Representation Makes a Critical Difference

Facing a marijuana DUI charge without the protections provided by legal representation can put you at a serious disadvantage. Assistance from a DUI defence lawyer in Toronto, when involved early in the process, can shape the outcome of the case.

Reasons to seek representation include:

• Early intervention: Timely legal advice can help preserve evidence, file Charter motions, and guide decision-making.
• Negotiation and advocacy: Legal counsel can communicate with prosecutors to explore plea options or argue for alternative resolutions.
• Assessing the viability of a defence: Not all cases go to trial, but a lawyer can help determine whether the evidence justifies a court fight or if a resolution outside of court is more strategic.

These interventions can make a meaningful difference in how a charge is resolved, especially when the goal is to avoid a criminal record.

Contact AR Law Today for DUI Defence That Protects Your Future

If you are facing marijuana-impaired driving charges in Ontario, AR Law provides legal defence strategies tailored to the facts of your case. Our team has extensive experience defending against DUI charges and advocating for favourable outcomes whenever possible.

Contact AR Law today at (416) 960-0781 for a complimentary consultation and discover how we can help you avoid a criminal record.

The holiday season is a time for celebration, but it’s also a time when impaired driving incidents rise significantly. Across Canada, police forces intensify their efforts to combat impaired driving through programs like RIDE (Reduce Impaired Driving Everywhere). It is crucial that Ontario drivers understand what the RIDE program entails, the potential consequences of an impaired driving charge, and their legal rights during a traffic stop is crucial.

What is the RIDE Program?

RIDE stands for Reduce Impaired Driving Everywhere and is an initiative run by police forces across Canada, particularly active during the festive season. The RIDE program sets up random roadside checkpoints to catch impaired drivers and deter others from driving under the influence. The goal is to promote road safety and reduce the number of alcohol and drug-related accidents, which tend to spike around holidays.

During a RIDE stop, police can:

• Pull vehicles over randomly.
• Ask drivers to provide a breath sample.
• Check for signs of impairment due to alcohol or drugs.

Consequences of an Impaired Driving Charge

Legal Penalties Under Ontario Law

Under Ontario law, driving while impaired by alcohol or drugs is a serious offence with severe penalties. If you are charged with impaired driving, you can face:

• Immediate licence suspension: A 90-day suspension under the Administrative Driver’s Licence Suspension (ADLS) program.
• Vehicle impoundment: Your vehicle will be impounded for seven days.
• Fines and court fees: Minimum fine of $1,000 for a first offence.
• Criminal record: A conviction for impaired driving results in a criminal record, which can affect your future significantly.
• Mandatory education programs: You may be required to complete the “Back on Track” program before getting your licence reinstated.
• Ignition interlock device: You may have to install and pay for an ignition interlock device on your vehicle.

Long-Term Implications

Beyond the immediate legal penalties, an impaired driving charge can have lasting effects on your life:

• Increased Insurance Rates: Insurance premiums can skyrocket after an impaired driving conviction. You may even be classified as a “high-risk” driver, making coverage difficult and costly.
• Employment Consequences: Certain jobs, especially those involving driving or operating machinery, may be off-limits. Employers often view impaired driving charges as a serious offence.
• Travel Restrictions: A criminal record can make it difficult to travel internationally, including to countries like the UK or Australia.
• Personal Impact: Beyond the financial and professional consequences, impaired driving can damage your reputation and relationships.

What Are Your Rights During a Traffic Stop?

Steps to Take When Stopped by Police

If you are stopped at a RIDE checkpoint or during any routine traffic stop, it is essential to know how to conduct yourself:

• Remain Calm and Polite: Keep your hands visible on the steering wheel and avoid making sudden movements.
• Provide Requested Documents: When asked, you must legally provide your driver’s licence, vehicle registration, and proof of insurance.
• Follow Instructions: If the officer asks you to step out of the vehicle or take a breath test, comply with the request.

Under the Canadian Charter of Rights and Freedoms, you have certain protections during a traffic stop, including:

• Right to Silence: You are not required to answer incriminating questions beyond providing basic information.
• Right to Legal Counsel: If you are detained or arrested, you have the right to speak to a lawyer without delay.
• Right Against Unreasonable Search and Seizure: Police need reasonable grounds to search your vehicle unless you consent.

However, refusing to comply with a breath test request can result in charges as severe as impaired driving charges.

What to Do if You Are Charged with DUI?

If you are charged with impaired driving, contacting a DUI lawyer as soon as possible is critical. A lawyer can help you understand the charges against you, the potential penalties, and the best way to build a defence. An experienced lawyer can also:

• Identify any procedural errors during your arrest.
• Challenge the accuracy of breath or blood tests.
• Negotiate for reduced penalties or alternative resolutions.

Your lawyer will help you build a defence based on the specifics of your case. Potential defences can include:

• Challenging the Validity of the Stop: If the stop was unlawful, evidence gathered may be inadmissible.
• Questioning the Accuracy of Tests: Breathalyzers must be correctly calibrated and administered.
• Medical Conditions: Certain medical conditions can affect breath test results.

The Dangers of Impaired Driving

In December 2024, the Durham Police Festive RIDE program reported that 16 drivers were charged with impaired driving in a single week. Despite fewer charges than the previous week, the total for the program’s first three weeks was up 23% from 2023. Police stopped 4,011 vehicles and conducted 174 roadside breath tests during that period, highlighting the thoroughness of these holiday checkpoints.

These figures show that even small amounts of alcohol can result in charges. The consequences are severe, and police are vigilant in their enforcement efforts.

Tips for Safe Driving During the Holidays

• Plan Ahead: If you plan to drink during the holidays, planning is essential. One option is to designate a sober driver in your group to ensure everyone gets home safely. Alternatively, consider using public transit, taxis, or ride-sharing services, which offer a safer travel method if you’ve been drinking. Another practical choice, if you’re attending a party, is to stay overnight rather than risk driving home while impaired.
• Monitor Your Alcohol Intake: Even one or two drinks can impair your ability to operate a vehicle safely, so knowing your limits is essential. To help manage your alcohol intake, consider pacing yourself by drinking water between alcoholic beverages to slow down your consumption.
• Recognize When Someone Else Shouldn’t Drive: If a friend or family member appears impaired, stopping them from driving by taking their keys away is necessary. In addition, suggest alternatives such as a ride-share service or offer them a place to stay to ensure they remain safely off the road.

Contact AR Law Today

Impaired driving remains a major concern during the holidays, and programs like RIDE aim to reduce the risks for everyone on the road. Understanding the consequences of an impaired driving charge, knowing your rights during a traffic stop, and taking steps to drive safely can help ensure a safer holiday season for you and your loved ones. If you face impaired driving charges, contacting a qualified DUI lawyer at AR Law after an arrest is vital for protecting your rights and future.

Call AR Law today at 416-960-0781 for a free case evaluation about your legal rights.