Yesterday we discussed the small but important pile of papers you get when the police send you home after arresting you in a drinking driving case. Most people are charged with:
- Impaired Driving s.320.14(1)(a); and
- Being At or Over .08 s.320.14(1)(b); or
- Refusal to Provide a Breath Sample s.320.15
Criminal Code drinking and driving offences
These are all Criminal Code offences. When a police officer arrests or detains a suspect concerning one of these charges, in most cases they must release the suspect with a document that compels that person to come to court. So, in addition to the papers we discussed in yesterday’s post, there will also be one document that compels a court appearance and normally an appearance for identification.
In most cases the distinctions between the types of documents are meaningless. The police will issue either an Appearance Notice, which looks like a ticket, or a Promise to Appear. In the simplest terms, an Appearance Notice notifies the suspect and a Promise to Appear is a promise to do what is specified in the document.
In either case, there is often an Identification Date which usually comes before the court date, but is listed second on the document. On this date the suspect is required to attend for fingerprinting, to be photographed and to provide identification information. This is pursuant to the Identification of Criminals Act.
Don’t help the police prosecute you
You should speak to a lawyer before you attend so you know how to handle yourself and to ensure that you do not inadvertently assist the police in your case.
The first date listed (and usually second in time) is the Appearance Date. On this date you or your lawyer must attend court as directed to acknowledge that you are responding to the Appearance Notice or Promise to Appear. In most drinking/driving cases the lawyer or a member of their law firm appears in court as agent for the suspect (accused person) to acknowledge that they are dealing with the matter and to obtain the particulars (police report). The case is then adjourned for a few weeks for the lawyer to consider the evidence and material in the particulars.
Important Court Papers in Drinking Driving Cases
All of the court papers that are served by the police are important, but none are as important as the Certificate of Qualified Technician (example) which is usually issued if you are charged with Driving Over .08 s.320.14(1)(b) (a blood-alcohol content at or over .08%). If you have received any of these documents, keep them safe, do not write on them and give us a call.
A conviction for any of the Criminal Code drinking driving offences in British Columbia means a Criminal Record and minimum 1-year driving prohibition.
Usually there are defences. Which is why you should contact a lawyer as soon as possible after your release to ensure that you can advance the best defence and minimize the damage that you suffer from an arrest for impaired driving.
The court papers you receive in a criminal case are important. Call us now and we’ll explain how we will help you deal with the criminal charge.