by webrisor

The Consequences of Impaired Driving Charges in Quebec

Driving under the influence, also known as a DUI or impaired driving, refers to operating a motor vehicle while your ability to drive is impaired by alcohol, drugs or medication.

Legal limits vary by country and province, as do the penalties associated with them. In Canada, the province of Quebec has somewhat unique impaired driving laws, compared to the rest of the country. Which is why it’s important to review them.

There can be many lasting consequences of driving under the influence including fines, license suspension, a criminal record, and even jail time.

If you are convicted of a DUI offence, you will have a criminal record. Criminal records are available online, and via background checks, and can severely impact your livelihood. You may be publicly shamed or humiliated, experience challenges being hired for a job, face problems travelling or crossing the border, and endure lasting stigma around your criminal record.

Fortunately, there are ways to minimize damages associated with a DUI charge, and prevent a conviction. It is important to understand your rights, and it is also crucial that you have an understanding of long-term repercussions, so that you can avoid any potential pitfalls.

Although a DUI is a serious offence, the damage can be limited, and Ginzburg Legal is here to help. In this article we will outline DUI limits for Quebec, what happens if you get charged, and why you should hire a defense lawyer.

 

What are the DUI limits for Quebec?

In Quebec, the legal limit for blood alcohol content (BAC) is 0.08. That means your blood alcohol concentration is equal to or over 80 mg of alcohol per 100 ml of blood.

If an officer suspects a driver of being drunk, a breathalyzer is administered to measure BAC (different tests are given to measure drug or medication levels). If your BAC is 0.08 or higher, you face DUI charges. If your BAC level is 0.16 or higher, an accident has occurred, or you’re a repeat offender, the charges will be more severe.

There is a zero tolerance policy (0.0 BAC) for drivers on a learners or probationary license, as well as drivers of a bus, taxi or similar.

Remember, refusing a breathalyzer is a criminal offence that automatically results in the stiffest penalties.

But there are also exceptions. In some cases, a driver can be charged if their BAC is lower than 0.08, but the police officer has determined that the driver was exercising poor control.

To make things even more complicated, in certain situations, even if the engine of the car is not switched on, you can still be charged. This is considered care and control of a vehicle, and is penalized because you have the possibility of starting the engine. The following examples can carry the same consequences as impaired driving:

• Sitting in the driver’s seat, even if the vehicle is off
• Being in another seat in the vehicle – ex. Asleep in the passenger or back seat
• Being near the vehicle – ex. Putting things in the trunk

 

What happens if you get charged with a DUI

If you are convicted of a DUI in Quebec, you face license suspension, loss of demerit points, fines ranging from $300 – $1,750, vehicle impounding, interlocking devices, and jail time. The punishment depends on the severity of the charge.

A first offence includes a license suspension of 90 days and a fine. If your BAC is over 0.16, in addition to this, there will also be a 30-day vehicle impoundment.

Drivers on a learners permit face immediate license suspension for 90 days, a loss of four demerit points, and a fine.

Repeat offenders face tougher penalties, including a jail sentence starting at 30 days. There may also be additional fines, and even the installation of an interlock device on your vehicle.

Something unique to Quebec is that it is one of the few provinces in Canada where a BAC above 0.05, but lower than 0.08 can result in a DUI charge, but not necessarily a license suspension.

 

Can you be charged for driving while high?

Yes. Just like drinking and driving, drug-impaired driving is also a crime and carries the same penalties. You can be arrested and convicted under the Criminal Code if your driving ability is impaired by drugs or medication, even if you haven’t consumed any alcohol.

This includes cannabis, and you can be charged for driving while high. You can face consequences if you have between 2 and 5 nanograms of THC per ml of blood within two hours of driving.

 

Why you should hire a DUI Lawyer

Your best defense against driving-related accusations is hiring an experienced criminal defense lawyer who will help to get your charge cleared.

Ginzburg Legal will defend you against every type of driving-related infraction. Our team of legal professionals will help you achieve the best possible legal outcome, which could mean saving your driver’s license or avoiding jail time.

Over 86% of DUI offenses are committed by first-timers, and often these individuals have careers, families, and a lot to lose from having a criminal record. We have significant experience representing first-time offenders, and understand that sometimes people make mistakes. We want to see you move forward with your life as quickly as possible, and aim to create a stress-free environment to best support you.

As your defense lawyers, we offer you a vigorous protection of your rights, through clear and concise legal advice, constant guidance and communication, an empathetic approach, and flexible payment plans. Learn more about what Ginzburg Legal can do for you, and contact us immediately if you’ve been charged with a DUI.

 

How to get your DUI charge cleared

A DUI can be removed from your permanent record after at least five years (10 years for more serious offences), if certain criteria are met. A record suspension clears all of the details of your charge from the Canadian Police Information Centre database and, for all intents and purposes, you will have a clean record.

Getting a record suspension can take between one and two years, so you should start planning ahead to ensure a successful application process. It is important you do not commit any other offences, and that you have paid all of your fines in full.

At Ginzburg Legal our goal is to handle everything for you, efficiently and discretely, so that you can quickly put this matter behind you and get back to your normal life. We are committed to delivering the best possible outcome, and we take a personal and humanistic approach with every case we handle.

When you choose our team to defend you, you will receive highly-skilled legal representation and ongoing support. No matter how big or small, your case will be treated with importance and given the full attention it deserves.

Before deciding your next move, make sure to consult a criminal lawyer in order to prepare a complete and rigorous defense. Contact Ginzburg Legal in Montreal for a consultation today.

by webrisor

Archaic Courts in the Covid Era

It’s no secret that Canadian justice functions on one of the most archaic systems imaginable. It’s 2020, and we live in a glorious era of 5G connectivity, artificial intelligence and virtual reality. And yet, our glorious court system still operates like it did 50 years ago. This may sound like hyperbole, but we’re truly not far away from the days of quill pens and old dusty leather-bound books. It wasn’t so long ago that we heard then Quebec Justice Minister Stéphanie Vallée reveal the government’s plan to overhaul the justice system and allow it to “finally enter the digital era”. But since then not much has actually changed. For a great number of reasons, the legal system, and the legal practice that comes along with it, have been very resistant to technological modernization over the years.

But if there’s any silver lining to be gleaned from this terrible world crisis, it’s perhaps that now, more than ever, our antiquated justice system will be forced into modernity. Indeed, the unprecedented initiative to strictly minimize social contact – which has always been an essential component of procedures in criminal court – has led to some small changes, but more so has cast an embarrassing spotlight on the system’s gross disconnect with modern technology. And this has led to some pretty momentous adaptations.

Here are some of the main technical and logistical issues that have historically plagued the court system. In fairness, some recent initiatives by the Justice department have allowed for long-awaited solutions to some of these issues, but due to years of institutional resistance, many still persist.

Physical presence: Somehow, in the age of simple and accessible video-conferencing, the physical presence of an accused is still required for many steps in criminal court. Despite physical injuries/handicaps, geographical distance, financial limitations or family obligations, our clients are often required to make the trek to court, rain or shine. Before this covid crisis, the idea of a trial via skype was completely unheard of. But some promising news has recently popped up: for the first time ever in a (common law) Quebec tribunal, a trial was held virtually. Lawyers, witnesses and judge were all in separate locations, and each party could be seen and heard via their phones or tablets. This took place on March 26^th at the Superior Court of Trois-Rivières before the Honorable judge Clément.

Bailiffs: Bailiffs are tasked with carrying out court orders, which often means handing over official court documents to specific parties. To serve a document means to ensure that said document has officially been brought to the attention of the person concerned. Historically, this has always been done in person, and by paper. Needless to say, this adds to the deluge of paperwork already backlogging the court system. However in a recent ministerial decree, made official on March 27^th, Justice Minister Lebel has allowed for the serving of pleadings to now be made via technological means. This is a huge step forward for the justice system.

Court clerks: Court clerks are tasked with taking detailed notes on everything that happens during a hearing. Their role is very important, because without the court minutes we’d have no practical way of confirming/verifying what was said and done during a given court date. And yet, they are still fulfilling these crucial tasks using pen and paper, and occasionally some wite-out to correct a mistake. It’s grossly inefficient for such standardized high-volume tasks to still be performed this way, and it also greatly contributes to the paper-heavy ecological footprint of the court system. One would think it wouldn’t be so hard to set up a computerized system, uploaded with daily dockets and pre-prepared forms for clerks to easily work with. A couple of iPads per courtroom should settle the matter.

Court ushers: Court ushers, in theory, are tasked with ensuring the proper functioning of a court hearing. That could mean anything from directing parties where to be seated, to chastising individuals for not following proper courtroom etiquette. The truth is, all these tasks are generally (and quite promptly) handled by the presiding judge. The most common task of a court usher is to go make photocopies for a judge. Instead of a judge or court clerk simply being able to scan and print copies of a file immediately, our system still requires us to wait for a court usher to slowly make their way through the back channel of the courthouse and find the nearest printer. This inefficiency again could be avoided with the proper technical setup.

One thing is clear: with this crisis upon us, there will be plenty of opportunities for change and adaptation. And this applies on many levels:

• For courts: to be bold and adaptive, to do away with antiquated methods and to keep up with modern times
• For citizens: to have access to simple, intuitive and effective mechanisms to solve their legal disputes
• For lawyers, particularly those from older generations: to be open-minded, to have the courage to change their methods of working, and to embrace the digital age
• For tech/legal entrepreneurs: to realize there has always been a gaping hole in the legal industry for technological innovation. The space is currently empty and it’s up to them to fill it.

If you’ve been convicted of an offence, call Ginzburg Legal in Montreal to speak with a criminal defense lawyer.

Ginzburg Legal
405 Rue Marie-Morin
Montréal QC
H2Y 2Y1
(514) 710-6749

by webrisor

Correctional Facilities in the Covid Era

For most Canadians, correctional centres are like the underside of a couch. We all know they’re there, and we all know they’re probably filled with a number of unsightly problems that need to be addressed, such as accumulating dust/mold/cobwebs, or long-lost items like pens, TV remotes and cat toys. And yet, the vast majority of us prefer to ignore those dark crevasses and just go about our lives. Because it’s easier that way. Because those dark crevasses are out of sight and out of mind.

For a long time, it’s that prejudiced and dismissive way of thinking about correctional facilities that has made it very difficult for anyone – civil rights groups, lawyer associations, politicians – to successfully negotiate better conditions for inmates. It’s no secret: our jails and penitentiaries are overcrowded and unsanitary.

But in the age of a worldwide pandemic such as Covid-19, all of these “out of sight and out of mind” problems are becoming dangerously amplified. In Canada, and across the world, important measures are being taken to limit the impact of the virus on the incarcerated population, as well correctional facilities personnel, and society at large.

The Canadian Civil Liberties Association (CCLA) has recently issued a list of strong recommendations which include:

• Release inmates held in pre-trial custody and therefore presumed innocent by the legal system
• Where it’s not a threat to public safety, release people charged at the scene of an alleged offence instead of bringing them into custody
• Facilitate parole and probation hearings quickly over phone or video-conferencing
• Provide inmates with the option of having virtual visits and programming
• Consider conditional and compassionate releases.

In the words of CCLA executive director Michael Bryant in a letter to Attorney General of Canada David Lametti:

Unlike public health care and emergency funding measures, the criminal justice system in Canada has not seen an intergovernmental, co-ordinated response to flatten the curve of the pandemic [..] In a nutshell, a public health approach would necessitate that the releasable be released; that detention be a measure of last resort.

Here’s a snapshot of recent developments pertaining to how correctional facilities are limiting the spread of Covid-19:

Canada:

• On March 13^th, provincial jails temporarily suspended all family visits. Alternatively, all inmates are to receive calling cards in order to contact their loved ones. Additionally, all volunteer and community-based activities, such as AA meetings, have been cancelled. And transfers to and from jails and courthouses will be reduced to an absolute minimum.
• On March 14^th, federal penitentiaries followed Quebec’s guidelines and suspended all family visits
• On March 20^th, the government temporarily suspended the obligation of discontinued jail time for sentenced individuals. Discontinued jail time allows for a jail term to be served intermittently (usually over weekends) rather than as a long continuous term. It is applicable to sentences of 90 days and under, and individuals with such sentences have the strict obligation to show up at the correctional facilities at specific times. As an alternative, these individuals will now have to spend their weekends at home instead of at the jail, subject to calls and verifications from probation officers. Let’s call it weekend house-arrest.
• On March 20^th, Ontario announced it would be releasing some low-risk prisoners early, to reduce the toll of covid-19 on Ontario’s jails.

International:

• On March 16^th, Italy adopted a decree that, among other measures, would allow for early supervised release of prisoners with less than 18 months left to serve on their sentence. Patrizio Gonnella, head of Antigone, Italy’s leading prisoner rights organization, estimates the measure could lead to the release of at most 3,000 detainees.
• On March 17th, Los Angeles, home to the largest county jail system in the United States, began actively reducing its jail population and reducing daily police arrests.
• On March 17th, Iran released more than 85,000 prisoners, mostly non-violent offenders serving short prison sentences.
• On March 22^nd, the Iowa Department of Corrections announced its plan to expedite the release of about 700 inmates who were already determined eligible for release by the Iowa Board of Parole
• On March 24th, New York State announced the release of vulnerable prisoners, which would include people who were arrested for minor crimes (misdemeanor charges, light sentences of less than a year) and those most vulnerable to infection due to underlying health problems. However mayor De Blasio said he wouldn’t release inmates serving time for domestic violence or sexual assault.

If you’ve been convicted of a crime, call Ginzburg Legal in Montreal to speak with a criminal defense lawyer.

Ginzburg Legal
405 Rue Marie-Morin
Montréal QC
H2Y 2Y1
(514) 710-6749

by webrisor

Your First Court Appearance

What to know if you’re ordered to appear in court.

A first appearance in court can be extremely nerve-racking. Here is a list of what you need to know to prepare for your first court date.

What happens at a first appearance in court?:

• This is NOT a Trial Date. It is you introduction to the court, where you will take the first position in your case (plead guilty or not), collect the prosecution’s evidence (disclosure), and set your next court date.

What does Disclosure mean?:

• This is the evidence that the police and the prosecution have against you. They are obligated to share this with you. It may contain police notes, witness statements, photographs, etc.

Where and when does the first court appearance happen?:

• Whether you are released by the police or on bail, you will be given a piece of paper (promise to appear) which will indicate the date, time and location of your first court date.

What do you need to do before your first court appearance?:

• Make sure you get your fingerprints taken. The exact time and location will be written next to your promise to appear. It must be done before your first appearance.

Will there be an interpreter available?:

• If you aren’t comfortable speaking English or French , you can request an interpreter in the language of your choice, free of charge, but you must call the courtroom in advance to get this arranged.

Tips before your first court appearance:

• Plan to arrive at least 30 minutes early to court. This will avoid stress related to traffic and parking, and give you time to get comfortable with your surroundings.

• Make sure to stack all the odds in your favour by retaining the counsel of an experienced criminal lawyer. With Ginzburg Legal, you will get a personal and professional service at affordable rates. Contact Me Ginzburg right now for expert advice. The sooner you call, the sooner we can build an action plan designed to get you the best results.

by webrisor

6 X 9: A Virtual Experience of Solitary Confinement

Solitary confinement. It’s a term most of us are pretty familiar with. Yet due to its normalization via popular culture, the brutal and inhuman nature of this practice has been somewhat dulled. Lest we forget, solitary confinement (referred to as segregation in Canada) is the single most severe punishment an inmate can receive, with the exception of the death penalty. It involves complete isolation from the world for 23 hours a day. In theory, it should thus be a last resort. But in reality, it’s a common practice.

As reported by Vice:

“While rules and regulations around segregation can differ between federal and provincial corrections, some experts say that administrative segregation is being deliberately overused and has actually become the go-to choice because it’s easier to get away with […] It’s much easier to just put somebody in administrative segregation (isolation) than it is to go through the charging and the disciplinary process with punitive segregation.”

The United Nations considers segregation placements longer than 15 days to be cruel and inhuman punishment. Yet in a report by The Globe and Mail, of all inmates released from segregation in the 2015-16 fiscal year, nearly 250 had spent over 120 days in isolation. That’s over 1/3 of a year! And those figures are only for inmates serving time in federal prison. The numbers for provincial jails are even more staggering.

As reported by the Ontario Human Rights Commission:

“The extensive use of administrative segregation strongly suggests that segregation is not being used as a last resort, but rather, as a routine management strategy across Ontario’s correctional facilities  […] It cannot be acceptable for the most restrictive and depriving form of incarceration legally administered in Canada—one which is otherwise imposed as a punishment—to be the default approach in situations where prisoners are sick or in need of protection.”

To be fair, correctional watchdogs have reported sharp declines in the use of solitary confinement as a whole in Canada. It’s been noted that the number of admissions to segregation dropped last year, and the trend has continued onto 2017. The average length of stay in solitary is down, from an average of 44 days in 2007-08 to 26 days in 2015-16. Baby steps, I suppose.

Think you could handle solitary confinement? Think you could spend 23 hours a day in a 6×9 cell for days, weeks, maybe months? See for yourself. The Guardian’s virtual reality experience places you right inside a U.S solitary confinement prison cell:

 

by webrisor

How a Tweet Can Become a Weapon

We all know cybercrime can cause serious damage. From plain online bullying to sophisticated mega-hacking, the results of cyber attacks can be disastrous, leading to emotional distress and significant financial loss. But generally speaking, no one imagines that online attacks could cause direct physical harm to someone, like a gun or a knife would. Well think again.

Through Twitter, a man in Maryland allegedly sent an animated image to Newsweek journalist Kurt Eichenwald, which read “You deserve a seizure for your posts” in large letters with a blinding strobe light. Eichenwald, who was known to suffer from epilepsy, immediately suffered a seizure after seeing the image. The author of the tweet has since been arrested by the FBI and charged with cyberstalking with intent to kill or cause bodily harm, which could carry a prison sentence of up to 10 years. More importantly, a grand jury has deemed the seizure-inducing tweet to be a deadly weapon.

In the words of Vivek Krishnamurthy, assistant director at the Cyberlaw Clinic at Harvard Law School:

“This is an interesting and unique case in that there are lots of online attacks that can have physical consequences, such as an attack on an electrical grid or the control of air traffic control. But this is distinguishable because it is a targeted physical attack that was personal, using a plain-Jane tool.”

Tor Ekeland, a New York defense attorney who specializes in federal cyber crimes, also chimed in on the issue, highlighting the novelty of this type of accusation :

It is, perhaps, the first time an animated image sent via Twitter has been legally defined as a “deadly weapon” […] I’m unaware of anybody being criminally prosecuted for this. If it’s not the first time, it’s one of the first times this has happened.”

Thus, something as seemingly harmless as a tweet could now be considered a deadly weapon. Oh how times have changed. This attack clearly highlights technology’s very harmful potential. While there are a number of provisions in the criminal code pertaining to cyber crime, it seems none truly deal with the notion of direct bodily harm. Once again we’re faced with a situation where the law needs to catch up to our ever-changing modern tech landscape.

by webrisor

Police Can’t Erase Your Phone’s Pictures

A recent Quebec Court decision has stated that police officers cannot ask citizens to erase photos on their phones which capture the officers on duty. This adds to the notion that, fundamentally speaking, filming police officers on duty is completely legal. I wrote about this in a previous post.

The officers may, under certain conditions, request that you put away your cell phone, but they simply cannot take your cell phone, without warrant, to verify its content and delete certain images.

In fact, the Commissaire à la déontologie policière has recently released a statement confirming this policy.