Impaired / Over 80s
Calvin Barry and his team of lawyers have successfully defended numerous cases involving drinking and driving allegations. Our law firm has extensive experience in this area of law specifically. If you are charged with a drinking and driving related offence such as “impaired driving” or “over 80” do not plead guilty before you consult a criminal lawyer, as you may have a defence to the allegation. The consequences of a conviction for drinking and driving can have a negative impact on your life. If found guilty of a drinking and driving related offence, you will have a criminal record, you will be prohibited from driving for a minimum of one year and you will have to pay a fine of not less than $1000.00. If you are convicted a subsequent second or third time you may face jail time. In Canada, there are a number of drinking and driving related charges under the Criminal Code. You may be charged with a drinking and driving related charge in any of the following circumstances:
Impaired Driving: Impaired operation of a motor vehicle occurs when your ability to drive a motor vehicle is impaired, as a result of the consumption of alcohol or drugs. Indicia of impairment that the police usually rely on as evidence of this offence may include: erratic driving, odour of an alcoholic beverage on your breath, slurred speech, bloodshot eyes, and unsteadiness or lack of coordination. The police officer’s observations lead to the conclusion that the person’s ability to operate a motor vehicle is impaired by the consumption of alcohol or a drug.
“Over 80 mg”: Unlike impaired driving, the offence of “over 80” does not require proof of impairment, but only proof that the driver had a concentration of alcohol in their blood exceeding 80 milligrams of alcohol in one hundred millilitres of blood. This alcohol concentration reading is usually determined from an analysis of breath samples obtained by police and processed with a breathalyser machine capable of providing such results. These results are also obtained by testing a sample of the driver’s blood.
Refuse Breath / Blood Sample: Refusing to provide a suitable breath sample, either for a roadside screening device or an approved breathalyser machine at the police station, is another drinking and driving related criminal offence. The penalties and consequences of a conviction on this charge are fundamentally the same as those for a conviction on impaired driving or over 80.
Care and Control: It is a criminal offence to have “care and control” of a motor vehicle while your ability to operate that vehicle is impaired or your blood-alcohol level is over the legal limit. According to the Criminal Code of Canada, a person has “care and control” of a vehicle if they are found to be occupying the driver’s seat.
Drug Related Offences
If you are charged with a drug related offence do not plead guilty before you consult with one of our lawyers. We understand that all criminal allegations are serious to the person charged, and at Calvin Barry Professional Corporation, we have successfully defended numerous types of drug offences under the Controlled Drugs and Substances Act. Our firm will raise every possible and realistic defence at your disposal.
Our firm routinely submits Charter of Rights applications to exclude evidence based on arbitrary stops and illegal searches. Every drug case entails its own particular array of possible defences, and all the issues will be raised by our experienced lawyers during trial. Calvin Barry and his team have the experience and resources to identify viable defences and Charter of Rights challenges available in a particular case. Some of the charges that we frequently defend against include:
Drug possession: having even a small amount of an illegal substance on your person, in your home or in your car during a traffic stop can result in these charges.
Drug trafficking: distribution of drugs, even on a relatively small scale, can result in drug trafficking charges.
Drug production and marijuana grow ops: cultivation of marijuana or manufacture of any other drug can lead to these charges.
Drug importing: these serious charges involve transporting drugs from one country to another. People at all levels of a drug importation operation can face these charges, although it is often the middle man or the low level “drug mule” who is caught crossing a border and arrested.
The penalties associated with convictions for drug offences vary depending on the severity of the offence, but even convictions for relatively minor offences can result in a criminal record that could impact employment prospects and more. Major drug offence convictions can result in lengthy periods of jail time. At Calvin Barry Professional Corporation, we have the resources needed to defend you regardless of the severity of the drug charge you are facing.
Domestic assault is a criminal charge that results from a conflict between two people in a domestic relationship. The relationship does not necessarily have to be husband and wife. It can be boyfriend and girlfriend, same-sex relationships, roommates, siblings or even two people. Domestic assaults are prosecuted quite differently by Crown counsel than other assault charges. The policy of the Crown Attorney in Ontario, as set out in the Crown Policy Manual, is to prosecute these offences “with vigour.”
If you are charged with domestic assault or simple assault, do not plead guilty before you consult with a lawyer at our firm. Calvin Barry and his team have successfully defended numerous cases involving domestic assault and have experience in this area of law. There are various paths towards the successful conclusion of a “domestic” assault case, and our team of lawyers have the resources and experience to assess the strengths and weaknesses of each particular case, and assist you in reaching a successful outcome for your case.
Calvin Barry and his team have successfully represented individuals charged with various types of fraud, and fraud related offences. Fraud is committed when one, by deceit, falsehood or other fraudulent means, defrauds the public or a person of any property, money, valuable security or any service. If you are charged with a fraud related offence, do not plead guilty before you consult with one of our lawyers. Pleading guilty will result in a criminal conviction and the consequences of such a conviction may be highly prejudicial and expensive. Our firm will aggressively fight for your rights and raise every defence available to defend the allegations against you.
Under the Criminal Code of Canada, Section 380.(1), every one who is found guilty of Fraud Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to fourteen years.
Under the Criminal Code of Canada, Section 380.(1)(b), every one who is found guilty of Fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.
Frauds can involve breach of trust situations involving employers, credit cards and debit cards, fraud involving contractors, and financial or other business or legal documents. As in all criminal cases, entering a plea of guilty to a fraud charge can have profoundly serious consequences and may affect your work, immigration status, reputation, family and your personal freedom.
Calvin Barry Professional Corporation
113 Front Street East
Open from 9am – 7pm.