Re: 2009-2010 NHL Season Part 3: After The Gold Rush
I hope people pay attention to the caveat posted at the bottom of that page:
That's sage advice, because the person who put that website together has no clue about what he's talking about.
First of all - there is no DUI or DWI on Canada. The offenses in the Criminal Code of Canada are Impaired Driving.
Impaired drivers can also be charged with Impaired Driving Causing Bodily Harm or Death, as well as Failure to Provide a Breath Sample.
There are no felonies under Canadian criminal law. Offenses are either summary conviction or indictable offenses.
Impaired driving penalties can range from a fine and license suspension for a first offense prosecuted by summary conviction to a prison term not exceeding 5 years for a case prosecuted by indictment.
Punishment for Impaired causing bodily harm or death is imprisonment for not more than 10 or 14 years respectively.
Unfortunately, having personally arrested and prosecuted hundreds of impaired drivers, including too many that caused bodily harm and/or death, I attest that those maximum penalties are rarely - if ever - given to even repeat offenders.
Originally posted by Brenthoven
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The author is not licensed to practice law in Canada, but has helped a few clients get there. You are urged to undertake your own investigation, and in appropriate cases, engage Canadian counsel.
First of all - there is no DUI or DWI on Canada. The offenses in the Criminal Code of Canada are Impaired Driving.
Sec. 253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.
There are no felonies under Canadian criminal law. Offenses are either summary conviction or indictable offenses.
Impaired driving penalties can range from a fine and license suspension for a first offense prosecuted by summary conviction to a prison term not exceeding 5 years for a case prosecuted by indictment.
Punishment for Impaired causing bodily harm or death is imprisonment for not more than 10 or 14 years respectively.
Unfortunately, having personally arrested and prosecuted hundreds of impaired drivers, including too many that caused bodily harm and/or death, I attest that those maximum penalties are rarely - if ever - given to even repeat offenders.

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