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)."
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.
