Impaired Driving Charges

Impaired Driving (DUI) charges are prosecuted under the Criminal Code of Canada (“Criminal Code”) and have significant penalties including minimum driving prohibitions, fines and a criminal record. Charges include Impaired Driving by Alcohol or Drug, Driving over the legal limit (.08), and Refusing of Failing to Comply with a Demand for a Sample of Breath or Blood. Sentences for these offences that result in Bodily Harm or Death are even more stringent and often lead to jail time.

Case Results

R. v. M.R. [2021]
Client charged with Impaired Driving, Driving Over .08 and Refusal involving a case with an accident into parked cars in a residential driveway captured on video.  Mr. Shapray was able to negotiate a resolution to this case before trial that allowed client to plead to a Drive Without Due Care Charge under the Motor Vehicle Act and avoid a Criminal Record.

No Criminal Record for DUI.

R. v. B.S. [2019]
Client with severe alcohol addiction issues charged with impaired driving and then breaching his bail as well as workplace threats made while under the influence of alcohol.  Case delayed while client completed residential rehabilitation and ultimately resolved with a creative proposal that allowed client to return to work and keep license for travel to and from and for the purposes of employment.

Client allowed to drive for work purposes.

R. v. M.S. [2019]
Client originally arrested after car accident and suspicion of impaired driving resulting in blood samples being taken from hospital. Mr. Shapray retained to be point person in police investigation. Challenge to the evidence resulted in no criminal charges being approved and subsequent attempt by police to lay Motor Vehicle Act charges not successful as 1 year limitation period had been exceeded.

NO CRIMINAL CHARGES.

R. v. D.G. [2018]
Client was involved in a one car accident on Saltspring Island. Client had been battling alcoholism and was facing a potential jail sentence and criminal record arising out of the incident. After a successful residential treatment program for alcohol was completed, case was resolved with a plea to the lesser offence of driving without due care under the Motor Vehicle Act and client avoided jail and did not end up with a criminal record.

NO JAIL TIME and NO CRIMINAL RECORD.

R. v. B.V. [2017]
Client received an Immediate Roadside Prohibition (IRP) after being stopped by the police and charged with failing his roadside tests. An Oral Hearing was scheduled by Mr. Shapray who argued that there were issues with the police documents and the evidence concerning the second test – DRIVING PROHIBITION REVOKED – CAR RELEASED FROM IMPOUND LOT.

DRIVING PROHIBITION REVOKED.

R. v. T.R. [2017]
Client charged with impaired driving and over "80" after accident involving parked cars. Client was a mother of two children and suffering from some mental health issues and alcohol addiction. Mr. Shapray managed a treatment program for the client which ultimately led to successful negotiations with the Crown prosecutor who agreed to a plea to a Motor Vehicle Act charge thus avoiding a Criminal Record.

NO CRIMINAL RECORD.

R. v. A.S. [2016]
Client charged with DUI in relation to an incident that also had medical issues arising for client during police investigation. Issues with the nature and legality of the police investigation raised by Mr. Shapray prior to trial date resulting in the charges being DROPPED – NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

R. v. E.R. [2016]
Client was a single mother charged with Impaired Driving and Over "80" out of an incident that happened during a turbulent time in her life. Case delayed and set for trial to allow for client to demonstrate change and complete Responsible Driving Program. Mr. Shapray negotiated resolution with prosecutor close to trial date that resulted in NO CRIMINAL RECORD and NO DRIVING PROHIBITION. Plea to Drive Without Due Care under the Motor Vehicle Act.

NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

R. v. P.G. [2016]
Client charged with Impaired Driving, Leaving the Scene of an Accident and Refusal of a Breath Demand causing bodily harm resulting out of an accident. Mr. Shapray sought disclosure of videotape from security camera at strip mall close to accident scene. Review of this new evidence demonstrated that client had not fled the scene of the accident and was not exhibiting signs of impaired driving. Case resolved with plea that avoided a jail sentence or a driving prohibition prior to trial date being set – NO JAIL and NO DRIVING PROHIBITION.

NO JAIL and NO DRIVING PROHIBITION.

R. v. A.D. [2015]
Client charged with impaired driving after report that he was stumbling around vehicle and open liquor also observed. Mr. Shapray gathered evidence to demonstrate that vehicle was inoperable and presented to Crown during early stages of the case resulting in prosecutor directing a Stay of Proceedings.

STAY OF PROCEEDINGS.

R. v. E.M. [2015]
Client charged with Impaired Driving and Fail to Remain at Scene of Accident after collision with another vehicle. Mr. Shapray engaged in a thorough examination of the evidence in the case and entered into negotiation with the prosecutor resulting in the case being resolved with a plea to a charge under s.144 of the Motor Vehicle Act - NO CRIMINAL RECORD.

NO CRIMINAL RECORD.

R. v. G.P. [2015]
Client charged with driving Over "80". Negotiations between Mr. Sharpay and the trial prosecutor lead to charges being DROPPED prior to trial date resulting in NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

R. v. A.B. [2014]
Mr. Shapray was retained by a client in Fort McMurray, Alberta, on a DUI case. Challenges to the police evidence and manner of investigation lead to charges being DROPPED on the morning of the trial - CASE CLOSED - NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

NO CRIMINAL RECORD and NO DRIVING PROHIBITION.

R. v. D.H. [2014]
90-Day Driving Prohibition OVERTURNED after IRP hearing challenging evidence of police officer that he provided client with the option of a second roadside test. Driver's license returned and vehicle storage and impound costs reimbursed.

DRIVING PROHIBITION OVERTURNED.

R. v. E.L. [2014]
Charges of Impaired Driving Causing Bodily Harm brought down to straight Impaired Driving resulting in a 6-month Conditional Sentence instead of mandatory jail sentence - NO JAIL.

CONDITIONAL SENTENCE - NO JAIL.