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Hamilton “Impaired Driving” Laws-Strict but Fair?

While every state in the union has enhanced the driving-under-the-influence statutes of their particular state, Hamilton has taken a political approach to the upgrade of their impaired driving laws. The law is generally straightforward, but there are conditions of expunction and minimal punitive adjudication that other states do not employ. Pennsylvania’s impaired driving laws are based on a three-tier prosecution, dependent upon the level of intoxication of the driver. The laws are also alcohol-specific in terms of severity of the charge. Driving under the influence of illegal drugs will put the charge in the strongest application of the law, which is not necessarily the case in non-aggravation dui arrest cases.

The Toxicology Structure


Typical driving dui charges result when the driver’s blood alcohol content, on an official BAC calculator, registers between .08 and .099 blood alcohol level. This is a simple case of impaired driving and can be downgraded by the prosecutor to reckless driving with an experienced and effective DUI attorney. The defendant will not be able to negotiate this result in most local courts, but a credible, impaired-driving attorney can build a case that is acceptable for both parties in the case. The focus of an initial intoxicated driving charge is a minimal punishment for those that show no pattern of unconcern for the law and are not driving while overly intoxicated. Aggravated intoxication can be assessed beyond the .159 level, which is twice the legal limit for an acceptable and simple case adjudication. Anything above .16 is considered aggravated, and additional charges can occur based on mitigating circumstances of the arrest.

Hamilton police say some motorists are not getting the message about the dangers of drinking and driving.

Between Dec. 23, 2018 and Jan. 2, police arrested 16 people for impaired driving: 14 who were impaired by alcohol, one who was impaired by drugs and one person who refused to take a breathalyzer test.

READ MORE: Middlesex County OPP lay over a dozen impaired driving charges during Festive RIDE campaign

Police say that during the same period last year, officers arrested 10 people for impaired driving.

Meanwhile, the OPP say they laid more 500 impaired driving charges over the holiday season.

The Festive RIDE campaign that ran from Nov. 23, 2018 to Jan. 2 took 539 alcohol- or drug-impaired drivers off OPP-patrolled roads.

 Nearly 100 drivers charged with impaired driving over holiday season in Eastern Ontario: OPP

An additional 384 drivers were issued warn range suspensions.

That compares to 587 charges laid during the last campaign and 366 suspensions.

The 2018-19 RIDE program marks the first time the OPP exceeded 10,000 vehicle stops.

Driver located and arrested after vehicle ignites into flames.

On Sunday January 18th, 2019 at approximately 4am it was reported to Police that a vehicle fled from the scene of a motor vehicle collision in the area of Crockett Street and Upper Sherman Avenue in the City of Hamilton.

A description of the motor vehicle was broadcasted to responding officers. It was reported that the vehicle struck a Hydro Pole and that live wires were down along the roadway as a result.

As Hamilton Police Officers were responding to the situation another report was received indicating that a vehicle was on fire I the area of East 38th Street and Patricia Place.

Police and the Hamilton Fire Department responded to these secondary reports locating the vehicle. Investigation revealed that the vehicle and the previous collision were in fact linked.

The driver of the vehicle arrested for Impaired Driving related offences at the scene of the vehicle fire.

A female passenger was treated for injuries resulting in the driver being charged accordingly.

Arrested: 47-year-old male from Hamilton

BEING CHARGED WITH IMPAIRED DRIVING OR ANY OTHER CRIMINAL CHARGE CAN BE AN OVERWHELMING AND STRESSFUL EXPERIENCE. MOST PEOPLE HAVE NEVER DEALT WITH THE CRIMINAL JUSTICE SYSTEM AND ARE NOT FAMILIAR WITH THE LAWS OR PROCEDURES.

If you’ve been charged with impaired driving or DUI, over 80 mg, drunk driving, care or controlor any other criminal code offence in Hamilton, experienced team of criminal and impaired driving trial lawyers know what it takes to win your case.

The impaired driving laws are constantly changing and penalties have become much more severe…a conviction can result in high fines, licence suspensions/prohibitions, jail terms, increased insurance rates and possibly even loss of your job.

Don’t just plead guilty without consulting an experienced Hamilton impaired driving lawyer. There are defences available.

We offer honest and candid advice – not unrealistic guarantees. One of our experienced impaired driving lawyer will review your case with you and carefully outline your options.

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