Impaired Operation and Over .08
The two most common Criminal Code charges arising from a roadside stop are impaired operation of a motor vehicle and operating with a blood alcohol concentration over 80 milligrams (Over .08). Either charge produces a criminal record on conviction, plus a minimum one-year driving prohibition for a first offence and far heavier consequences for subsequent ones.
The defence almost always turns on what the police did and how they did it. Did the officer have reasonable suspicion to demand a roadside sample? Were the screening device’s procedures followed correctly? Was the demand at the station made within the time limits required by the Criminal Code? Michael has resolved numerous impaired and Over .08 cases by challenging police evidence and securing resolutions under Section 144 of the Motor Vehicle Act, with no criminal record.
Refusal to Provide a Breath Sample
Refusing to comply with a breath demand carries the same penalties as actually blowing over the legal limit: criminal record, driving prohibition, fines, and possible jail for repeat offences. A refusal charge can stick even when the underlying impaired allegation falls apart.
Defence in refusal cases centres on the lawfulness of the demand itself, the wording the officer used, the opportunity the driver was given to comply, and any medical or practical reason a sample could not be provided. Michael has resolved refusal charges through Section 144 of the Motor Vehicle Act and through Charter applications to exclude the evidence entirely.
Drug-Impaired Driving
Drug-impaired driving prosecutions have grown rapidly since cannabis legalization. The Crown can prove impairment through Drug Recognition Expert (DRE) evidence, blood samples, or oral fluid screening. Each method has strict technical requirements, and each is open to challenge.
Michael scrutinizes the qualifications of the DRE officer, the conditions under which the test was conducted, the chain of custody for any sample, and the reliability of the science the Crown is relying on. These files frequently generate strong Charter arguments that can lead to the exclusion of evidence and the collapse of the Crown’s case.
Dangerous Driving
Dangerous driving is a Criminal Code offence often laid alongside, or instead of, an impaired charge, particularly where there is an accident, high speeds, or aggravating conduct. Dangerous driving causing bodily harm and dangerous driving causing death carry significantly higher penalties, including substantial jail time.
The line between careless driving (a regulatory offence under provincial law) and dangerous driving (a criminal offence) is often debatable. Michael builds the defence around the precise conduct, the road conditions, the reliability of any witnesses, and any video that exists, frequently negotiating reductions to non-criminal Motor Vehicle Act offences.
Immediate Roadside Prohibitions (IRPs)
BC’s Immediate Roadside Prohibition regime allows police to issue driving prohibitions, impound vehicles, and impose substantial monetary penalties at the roadside, often without any criminal charge ever being laid. A 90-day IRP can be issued for what an officer treats as a “fail” reading on an approved screening device.
IRP reviews are short, technical, and bound by strict deadlines. The driver typically has only seven days to file a review. Michael handles IRP reviews regularly and has had numerous IRPs cancelled following challenges to police evidence, the calibration of the screening device, and the officer’s compliance with the procedural requirements of the regime.
Section 144 of the Motor Vehicle Act
Section 144 of the BC Motor Vehicle Act prohibits driving without due care and attention. It is a regulatory offence under provincial law, not the Criminal Code, and there is no criminal record on conviction.
Resolving a Criminal Code impaired or Over .08 charge as a Section 144 violation is one of the most favourable outcomes available in this area of law. The original charges are stayed, the criminal record is avoided, and the consequences are limited to a fine and demerit points. Michael has secured Section 144 resolutions in case after case, both pre-charge and at trial.
Driving While Prohibited
A charge of driving while prohibited (often laid after a previous impaired conviction or an IRP) is a separate criminal offence that carries its own driving prohibition and the possibility of jail for repeat offenders. Michael resolves these files through challenges to police evidence, downgrades to Motor Vehicle Act offences, and pre-charge negotiation with Crown counsel.