“Dwi On Suspended License”

Ok so my brother in law was caught the other day after he drove into a ditch for driving while having a suspended license. His license was suspended due to a seizure he suffered months ago. So not only was his license suspended but he was found to have a BAC of 3x the legal limit. He is scheduled to appear in court on January 17 2017. I have done research and I can find info about driving with a suspended license or DUI but not both. I am concerned about what penalties he may face etc. Thank you in advance!

Well both are very serious so he might want to get a lawyer!

I would recommend that he NOT plead guilty to either, and that he should plead not guilty, ask for a trial and ask for disclosure (copy of officers notes).

Concerned wrote:Ok so my brother in law was caught the other day after he drove into a ditch for driving while having a suspended license. His license was suspended due to a seizure he suffered months ago. So not only was his license suspended but he was found to have a BAC of 3x the legal limit. He is scheduled to appear in court on January 17 2017. I have done research and I can find info about driving with a suspended license or DUI but not both. I am concerned about what penalties he may face etc. Thank you in advance!

Was he charged under the Criminal Code of Canada for Impaired Driving or Over 80, and/or under the Highway Traffic Act for Driving Under Suspension?

I am not sure.... he is currently estranged from the family and we only get parts of the story. I would assume he has been charged but only because he has to appear in court but I cannot confirm with what he has been charged.

Concerned wrote:I am not sure.... he is currently estranged from the family and we only get parts of the story. I would assume he has been charged but only because he has to appear in court but I cannot confirm with what he has been charged.

Unfortunately without more specific information, it is hard to comment.

If he's only been charged with Drive Under Suspension, a concern would be that the Crown would take the involvement of alcohol as an aggravating factor and seek out more aggressive penalties. These offences can result in up to a 6 month period of imprisonment:

"53. (1) Every person who drives a motor vehicle or street car on a highway while his or her drivers licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 53 (1); 1997, c. 12, s. 7 (1)."

Sounds like he was charged with Impaired Operation and Operation over 80. Wouldn't be surprised if they also tacked on Dangerous Operation, all three of which are criminal charges.

These cases are highly complex. He'll want to get a lawyer to represent him.

Thanks Everybody! I appreciate all your time and comments. I hope for his sake that he does find legal representation!!