by admin | Nov 29, 2019 | Blog
The Alberta Administrative License Suspension (AALS) applies to you and your license if you have been pulled over for Driving Under the Influence (DUI) and you:
- were found to be in violation of the federal legal limits for alcohol, cannabis or a combination of both,
- were found to have consumed illegal drugs,
- or you refused to provide a breath/fluid sample to a police officer
What does an impaired driving mean for my license immediately?
If it is your first offence, you are subject to an immediate 90-day, no-driving license suspension. After this period has passed, you may apply to drive under a suspended license for a year with the Ignition Interlock Program. If you choose not to participate in the program, you will be suspended for a full year plus the initial 90 days with no ability to drive legally.
Can I get my license back prior to my court date?
The 90-day suspension does not provide exceptions except by successful appeal. Since most court dates are scheduled within the first month after a DUI, you will not be able to get your license back prior to your court date in most circumstances. If you file an appeal – which is possible up to 30 days from the offence date – and the Alberta Transportation Safety Board receives and responds to your appeal, it would be possible to retrieve your license before your first court date, if they accept your appeal; however, given existing processing times, this is very unlikely.
How do I file a DUI appeal in Alberta to get my license back?
In order to appeal your license suspension, you must purchase an Application for Hearing from any Alberta registry. You can choose between an oral or written appeal with the former coming at a higher cost than the latter. As noted above, this must be received within 30 days of the offence date. A successful appeal relies on offering evidence of your innocence in the impaired driving-related offence. The Alberta Transportation Board does not consider discussions of hardship due to suspended licensing when processing appeals.
Fees Associated with Appeals
| Oral Appeal Hearing |
$250 |
| Written Appeal Hearing |
$125 |
What is the Ignition Interlock Program and how does it affect my license?
To obtain your license before your trial whether or not an appeal goes through, you can apply to take part in the Ignition Interlock program through any Alberta Registry. The Alberta Transportation Driver Fitness and Monitoring board will receive your application, taking up to 30 days to issue an approval. This program involves the installation of a device on your car to monitor your sobriety while driving for the duration of your year-long suspension. During this time, you are not allowed to drive any other vehicle unless it contains the Ignition Interlock program.
Fees Associated with the Ignition Interlock Program
| Application Fee |
$63
|
| Passenger Vehicle Installation |
$145
|
| Commercial Vehicle Installation |
$245
|
| Reinstatement Fee |
$210
|
| New License Fee |
Check with Registry
|
| Monthly Interlock Device Rental |
$95/month
|
| Device Removal Fee |
$50
|
What happens to my license if I plead guilty or been found guilty?
If it is a first-time offence, there will be a one-year disqualification under the Criminal Code of Canada alongside a provincial license suspension, run concurrently. You can only get your license back by then applying to take part in the Alberta Ignition Interlock Program. You will also be required to take courses with the Alberta Motor Association (AMA) including the AMA Planning Ahead Course and IMPACT Course. There will be a significant gap in time between your conviction and your approval for the program before you receive your license back, with restrictions.
What happens to my license if I am found innocent and win my case?
It is important to note that winning your criminal case does not mean your license is immediately returned to you as AALS continues, despite what happens with Criminal Code charges. In other words, the provincial suspension applies, whether or not you are criminally convicted at trial. The only way to avoid the AALS suspensions (90 days mandatory followed by 1 year) is to file an appeal. It is absolutely essential that you purchase and file the appeal form within the first 30 days of the suspension. This gives you the right to appeal at a later date and you can wait to decide what to do pending your criminal case.
What is the best plan of action for getting my license back?
Hire a criminal defence lawyer right away. At Kolinsky Law, our DUI Lawyers team can assist you with all of the complexities of navigating your DUI criminal case to ensure that you get your license back as soon as possible to limit interruptions to your life and mitigate any damage a DUI could further cause you.
by admin | Nov 25, 2019 | Best Lawyers in Edmonton, Blog, Family Attorney, Family Law Lawyer, Family Lawyer
Meeting with a family lawyer for the first time can be stressful. Many are unsure of what to expect and feel some anxiety because of that. At Kolinsky Law in Edmonton, we strive to make your experience as comfortable and stress-free as possible. Of course, the nature of why clients come into a lawyer’s office is generally and often stressful, but we aim to reduce your stress as much as we can by communicating clearly and creating step-by-step processes to approach your legal matters. As such, we have compiled some recommendations on what you can do to best prepare for your consultation with a Family Law Lawyer.
1. Be Open and Honest
For many people, it is difficult to open up in the first meeting. You have just met the lawyer, and do not know what to expect. It is very important, however, that you give an honest account of your situation and any issues that are sensitive to you or your family. Remember that the consultation is private, and cannot be discussed with others without your permission, except in the case of child endangerment.
2. Bring All Documents
Start by making copies of all the documents you have collected so that your family lawyer will have them for your file. Depending on your case, the documents you might need include:
- Marriage certificate
- Any current or past orders made that are related to the case
- Application to Obtain an Order or to Change an Order
- Prepared Financial Statements
3. At the beginning of your consultation, your lawyer will collect basic information about you and your situation. Your lawyer may want to know:
- Your name, any previous names, address, occupation, annual income, and date of birth,
- Your spouse’s full name, address, occupation, annual income, and date of birth
- Your marital status prior to this relationship (single, widowed, divorced)
- Your partner’s marital status prior to this relationship
- Alberta residency information and other citizenships of both partners
- Information about the relationship, including the date the two of you started to live together, the date of your marriage and the name of the city or town where you got married
- The date of separation
- The full names and birthdates of any children
- The care arrangements and any parenting plans that are presently in place for the children
- Any prenuptial agreements
- Any potential and believed risks, including family violence, abduction, and financial risks like bankruptcy
- Why the relationship ended
4. Your lawyer will want to know your financial information and may ask for:
- The approximate balance of all financial accounts, including savings, RRSP, investment accounts, and the names of the financial institutions holding the accounts,
- All assets
- The amounts of any debts, including credit cards, loans, lines of credits and where they are held
- Information about any stock or bond portfolios,
- Pension plan information
- Real estate owned in Alberta and elsewhere, including address, value, and how ownership is divided.
5. Get Organized, Take Notes and Ask Questions
Throughout the consultation, you may want to write down notes and any questions you may have along the way. Your lawyer may have a lot of information for you and will want to collect many details from you, so this can be the best way to ensure your questions get asked either during the flow of the conversation or after. Sometimes it is most cost-efficient to ask several questions at once. In order for your lawyer to serve you better, you must fully understand your case and the entire legal process.
6. Discuss Costs
Your lawyer will discuss fees during this meeting, and you should be prepared to as well. If you want to discuss payment plans, retainer information, and written fee agreements, the consultation is the time to do so.
7. Read all Documents Carefully Before Signing
Before you sign a document, ask your lawyer to fully explain it to you and then read it thoroughly. Be prepared to spend some time going through documents in-office.
8. Keep your own files
Ask for copies of all documents prepared for your case and build your own file to keep at home.
9. Listen to your lawyer
Finally, always remember that, at Kolinsky Law, your lawyer is looking out for your best interests and the best interests of any children involved. The lawyer’s judgments and decisions are based on legal knowledge and training, as well as extensive experience so it is important to listen to your lawyer and think about what your lawyer asks you to do. We are here for you and what is important to you.
by admin | May 24, 2019 | Best Lawyers in Edmonton, Blog, DUI, Impaired Driving Lawyers
You’ve spent the evening catching up with old friends. You socialized over a nice dinner and had a few drinks as the night wore on. Unfortunately, you made the choice to drive home and along the way you were stopped by police and tested for alcohol and drug impairment. You’ve been charged with impaired driving under the Criminal Code of Canada. What happens next? Here’s what you need to know:
Driving under the influence is against the law in Canada. DUI is defined as operating any kind of vehicle, vessel, aircraft or railway equipment while impaired by alcohol or drugs. Any amount over 80 mg of alcohol or over 5 ng of Tetrahydrocannabinol (THC) per ml of blood results in immediate consequences. Other drugs and medical conditions can also cause impairment. Canada’s updated law now states that you can be convicted if your blood concentrations are over these numbers within two hours of driving.
Statistics and Trends
Impaired driving is one of the most common criminal offences and is among the leading criminal causes of death in Canada. In 2017, Canadian police reported 69,000 impaired driving incidents. In addition, while alcohol-impaired driving is down over the past several decades, drug-impaired driving is on the rise. Incidences of drug-impaired driving convictions doubled from 2014 to 2015 and in 2017, 3,500 drug-impaired driving incidents were reported. Men, those who play on sports teams, and those who are 20-24 years old (as reported by police) are more likely to engage in impaired driving.
Saliva and Blood Tests
When pulled over, police officers can demand a preliminary breath sample that tests for blood alcohol levels. They can do so without any reasonable suspicion of impairment. In 2009, a provision to the Criminal Code allows police to carry out compulsory roadside testing of drug-impaired drivers. Oral fluid drug screeners are used to detect some drugs in saliva, if an officer reasonably suspects that a driver is impaired by drugs. Reasonable suspicion can include signs like red eyes, twitching, agitation, slurred speech, and odd behaviour. Oral fluid drug screeners serve as a basis for additional blood testing for further confirmation of impairment. Police can also demand a driver submit to a Standard Field Sobriety Test or a Drug Recognition Expert Evaluation.
Penalties and Fines
Federal penalties for DUI (that doesn’t involve harm or death) carry a maximum of a 10-year prison sentence. The minimum penalties range from a minimum mandatory fine of $1000 for first offenses to at least a 120-day prison sentence for third offenses. More severe penalties are reserved for those convicted of impaired driving causing bodily harm or death.
A summary conviction can be given if 2-5 ng/ml of THC is measured in the blood. Other substances, like ketamine, PCP, cocaine, and methamphetamine can be detected and carry a charge if they are detected within 2 hours of driving.
Individual provinces within Canada have their own sanctions over and above the federal laws. For example, in Alberta, those who are suspected of being impaired by alcohol or drugs while driving may face a 24-hour license suspension and those who have a blood alcohol level of 0.05 to under 0.08 can face an immediate suspension of longer duration, and these sanctions fall under the Traffic Safety Act.
Issues and Challenges
The recent changes to Canada’s impaired driving laws have some questioning whether it fits within Canada’s constitution. The changes are said to be too vague, and those who use medicinal cannabis, in particular, may be subject to unjust sanctions if trace amounts of THC are found in roadside saliva tests. THC can remain in small amounts within the body up to a week (or more) after consuming it, and therefore regular cannabis users may test positive, despite not using it hours or days prior to driving.
In addition, saliva tests are found to be subject to false-positive results. One law firm has discovered that poppy seed cake can cause a saliva test to show positive for opiates, consuming coca tea can show that cocaine is in one’s body, and CBD, a chemical within cannabis can show the same positive results on saliva tests even when isolated from and used without THC.
Plan of Action
The charges (and the penalties that come with them) are not something to take lightly. If you’ve been charged with impaired driving and are now facing significant penalties, the help of an expert DUI lawyer in Edmonton is the best course of action to take next. Issues within Canada’s DUI laws may leave room for challenges, questions, and defenses, and Kolinsky Law is best equipped to deal with and navigate these issues in a legal setting.
