The Law About Drinking & Driving

Andy and Sam, both grade twelve students, are looking forward to an exciting weekend. Andy’s parents are out of town and have agreed to let him use their car while they’re away. Andy has just passed his G2 driving test and is eager to cruise around town with his friends.     

One of Andy and Sam’s friends is having a huge party this weekend. Because the house party is in another neighborhood about thirty minutes away from where Andy and Sam live, Andy happily offers to drive to the party. On the way, Sam shows Andy the six-pack of beer he snuck out of his house. Andy refuses, saying he’s not going to drink at the party because he’ll be driving later.

A couple hours later, Andy feels a bit out of place, as everyone else at the party is drinking. He decides to have one beer, thinking that he will still be able to drive safely if he only has one. However, after having the first beer, Andy has three more, thinking that he might as well enjoy himself, and anyway, he feels fine.

As the party winds down, Sam and Andy decide to leave. Sam notices that Andy doesn’t look too steady, and stumbles a bit on the way to the car. When he learns that Andy has had four beers, he tells him that they should probably call a taxi or stay at their friend’s house, because he is too intoxicated to drive. Andy brushes him off, and tells him that he’s fine to drive home. Although Sam has a G2 licence, he knows that he has also had too much to drink to drive.

What are the legal ramifications of drinking and driving, specifically for young people under the age of 21, and for G2 drivers?

 http://www.voiceonline.com/drivers-fined-for-drunk-driving-earlier-will-not-get-refund/

Drinking and driving is a deadly combination and a serious issue. It can lead to injury and death to other drivers on the road as well as other passengers in the car. In fact, drinking and driving accounts for 25% of deaths in Ontario. For this reason, the legal ramifications are quite serious. There can be charges laid against the driver, fines and licence suspensions, jail time and a vehicle being impounded.

Ontario Law

In Ontario, the police have the power to (a) stop drivers at random to determine whether to test for alcohol (via a breath test) (b) suspend your driver’s licence for novice drivers and all young drives below the age of 21, who at roadside for recording  have over a zero blood alcohol concentration (BAC) or (c) suspend driver’s licence at roadside for recording 0.05  or over on a breath test and BAC for all other categories of drivers. This means that if you are under 21 years old, that regardless of which kind of licence you have (G, G1, G2), if you are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension.  You will likely then be charged with impaired driving.  If you are convicted of the charge, you can be fined between $60 and $500, and your licence can be suspended for 30 days.  If you are a young driver with only a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licencing System.  As Andy is only 16 years old and has just gotten his G2 license, he is considered a novice driver. This means that if he is caught drinking, he will be subject to any of the above. He may lose his G2 licence (which allows him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Source: Ontario Ministry of Transportation Drinking and Driving Brochure 

Criminal Code of Canada

Andy can also face more serious consequences. Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood alcohol content of 0.08 (800mg of alcohol/100 mL of blood) or more is also a crime under Section 253(1)(b). Interestingly, the vehicle does not even have to be moving. The driver can even be charged if impaired behind the wheel, even if he/she has not started to drive and the keys are not in the ignition. 

The provisions of drinking and driving offence in the Criminal Code of Canada: Operation While Impaired

253. (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) While the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) Having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood.

According to Section 254 of the Criminal Code, if the police have reasonable grounds to suspect that a person is under the influence of alcohol, it is an offence to refuse to take a physical coordination test or breath test.

Youth Criminal Justice Act

Since Andy is a youth (between the ages of 12-17), the Youth Criminal Justice Act will apply to him, and not the Criminal Code offences. As a result, it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with Johnny. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or a lawyer.  Also, police must speak to youth using words that the youth is able to understand.  

REMEMBER:

Every injury and death caused by impaired driving is entirely preventable. There are other options and if you are ever in the same situation as Andy and Sam do not forget: Call a taxi, call a friend or a parent, walk home if you or carpool with others who haven't been drinking. Don't ever let your friends drive drunk. Take their keys, have them stay the night, or do whatever else is necessary - but don't let them drink and drive!

This blog scenario was written by Rachel Kattapuram, a first year law student at the University of Toronto and a volunteer on the JFCY's PLE Team. The legal content was written by Lauren Grossman, a first year law student at the University of Toronto who is volunteering at JFCY as the PLE team leader through her law school's Pro Bono Students Canada program. All legal content was reviewed by a JFCY lawyer. 

The Law and Youth Novice Drivers in Ontario: Part 3

Being young and driving with a G2 license in Ontario: What the law says

This is Part Three of a three-part series on the law around novice driving and graduated licensing in Ontario. To see the scenarios on which this part is based, click here and here. The legal info was written by JFCY. 

Image source: http://www.ontario.ca/driving-and-roads/buy-or-sell-used-vehicle-ontario

Novice Drivers in Ontario

Before getting behind the wheel, youth novice drivers should be informed of various different laws, including the G2 License rules, the Highway Traffic Act, the Liquor Licence Act and the Criminal Code ofCanada.  

G2 License rules and possible offences

The G2 License rules come from regulations under the Highway Traffic Act, specifically the Regulation called Driver’s Licenses, which sets out most of the rules regarding G2 licenses.

Number of Passengers:

Novice drivers must be careful about following the rules on number of passengers allowed while driving with a G2 license. During the day, the number of passengers is limited to the number of working seatbelts. However, at night the rules are more restrictive.

If a novice driver has had their G2 license for less than six months and is aged 19 and under, s/he cannot carry a passenger aged 19 and under between midnight and 5 a.m. After the first six months, G2 drivers aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.

These restrictions do not apply to a G2 driver aged 19 and under if the G2 driver is accompanied by a G class driver in the front seat, or the passengers are immediate family members.

Under the graduated licensing system, what are the consequences of drinking and driving for novice drivers?

Drinking and driving leads to accidents, including death and injury.  It can also lead to charges being laid against the driver, fines and license suspensions, and the impoundment of a vehicle.

In Ontario, if you are age 21 and under, there is a zero blood alcohol concentration (BAC) rule while driving.  (See s. 44 of the Highway Traffic Act) This means that regardless of which kind of licence you have (G, G1, G2), if you are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension.  You will likely then be charged with impaired driving.  If you are convicted of the charge, you can be fined between $60 and $500, and your licence can be suspended for 30 days. There are also possible criminal charges (see below). 

If you are a young driver with a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licensing System.  For example, this means that if a young person has her/his G2 and is caught drinking, s/he may lose her G2 licence (which allows her/him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences.

Criminal Code offences

Across Canada, it is a criminal offence to operate a vehicle while impaired by alcohol or drugs and/or while having a blood alcohol content of 80 milligrams of alcohol in 100 millilitres of blood or more (called “0.08”).

With high blood alcohol levels, adults and youths may be charged with impaired driving. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood alcohol content of 0.08 or more is also a crime under Section 253(1)(b). Your vehicle does not even have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive. If convicted or found guilty, you will be sentenced by a court.  

It is also a criminal offence to refuse to provide a breathalyzer sample without a reasonable excuse. Not knowing you have to provide a sample, or saying that a lawyer told you not to blow for a breathalyzer are NOT reasonable excuses. This is covered by Section 254 of the Criminal Code which also explains how the breathalyzer process works.

If the person being charged is between the ages of 12 and 17, the Youth Criminal Justice Act will apply to them.  As a result it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with these young people. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or alawyer.  Also, police must speak to youth using words that the youth is able to understand.  

Liquor License Act offences

It is an offence under s. 32 of the Liquor License Act to operate a motor vehicle while there is open alcohol in the car.  You can be charged even if you are not the person drinking and even if you have had nothing to drink at all.

Caught in a bind? What are some other options?

Sometimes youth and novice drivers chose to drink even though they had agreed to be the designated driver.  Now they have another decision to make: drive home or find alternative options.  If an impaired person chooses to drive home, they risk the safety of themselves, their friends, and others on the road.  They also risk being caught driving while impaired, either because of an accident or because they are stopped by a police officer, which could have a serious impact on their ability to drive in the future.  If they drive home drunk, they may also have to consider what will happen if their parents/guardians find out about what they have has done.

Instead of driving home, drivers who have been drinking can find out whether one of their friends has a parent or sober friend who would be willing to pick them up.  They can pick up the car in the morning.  If one of their friends lives nearby, everyone might be able to stay there for the night.  Or, they and their friends friends can share a cab – 1-888-TAXIGUY is a toll-free number which is available in 250 towns and cities across Ontario.  It connects callers directly to a partner taxicab in their city. 

This post was written by JFCY. 

The Law and Youth Novice Drivers in Ontario: Part 2

This is Part Two of a three-part series on the law around novice driving and graduated licensing in Ontario.  This scenario was written by JFCY PLE Team volunteer Leslie-Anne Walker, a student at Ryerson University. To see Part 1, click here and to see Part 3, click here.

Scenario: Alicia and the grade 12 house party

Alicia is a seventeen-year old Grade 12 student who has just gotten her G2 license. Tonight she’s going to a holiday house party with some friends who will be drinking, despite the fact that they’re not yet age 19. Normally Alicia will have a few drinks at parties as well, but tonight she’s so excited about her new license that she decides to "take one for the team" and be the designated driver.

That night, her friends decide to meet up at their friend Natalie’s house to have a few drinks before heading to the party. Everyone’s having fun and they lose track of time. Before they know it, they’re running late: it is after midnight! Everybody rushes to finish their drinks and get their coats and boots on, but Natalie has just cracked open a new vodka cooler. Natalie insists she bring the cooler with her in the car, because leaving it “would be a waste.” Natalie is clearly intoxicated, and Alicia doesn’t want to spoil the good mood everyone is in by picking a fight, so she figures“whatever, she’s not the one driving so who cares?”

On the way to the party, they come across a R.I.D.E. program checking for intoxicated drivers. As she pulls up to the police officer on her side of the road, Alicia is worried for her friends, who are all underage and clearly intoxicated. Still, she’s grateful that she hasn’t touched any drinks and isn’t doing anything wrong herself. She rolls down her window, and the officer peers inside.

“Good evening, have you had anything to drink tonight?” he asks.

“Nothing at all,” says Alicia, looking him straight in the eye.

But the officer isn’t looking at Alicia; he’s looking at the backseat.

“Is that open liquor in your hand?” he asks Natalie, who is clearly too drunk to have even attempted to hide the bottle.

'Oh no, poor Natalie,' thinks Alicia as she cranes her head around to cast her friend a sympathetic glance. 'She’s only 17; she could get in a lot of trouble for underage drinking.'

But when Alicia turns around again, the officer is addressing her. “It’s illegal to have open alcohol in your car miss. License and registration, please.”

“What?” thinks Alicia, her head spinning. With her heart pounding, she reaches for the glove compartment.

Legal Troubles for Alicia?

While Alicia made a smart choice to keep her friends safe by not drinking and driving, she could still have some legal trouble as a result of driving in these circumstances. 

Since Alicia is a novice driver and under the age of 21, she can face legal penalties as a result of violating the rules of Ontario's Graduating Licensing System, as well as other laws.   

Here is a quick summary of some the charges that Alicia could be facing.  For a full explanation of the law, please stay tuned later this week to Part 3 of this blog series.

1) Since it is illegal to drive when there is open alcohol in the car, Alicia could be charged under s. 32 of the Liquor Licence Act.

2) Because Alicia is under age 19 and has had her G2 license for less than six months, she was not supposed to drive any passengers between midnight and 5am (unless the passenger has their Glass G license), thus violating the Highway Traffic Act.

3) The passengers in Alicia's car have consumed alcohol while under the age of 19 and thus can be charged under the Liquor Licence Act.

For a full explanation of these laws, stayed tuned for Part 3 of this blog series.

This post was written by JFCY PLE Team volunteer Leslie-Anne Walker.  Legal info by JFCY.

The Law and Youth Novice Drivers in Ontario: Part 1

This is Part One of a three-part series on the law around novice driving and graduated licensing in Ontario.  This comic was created by JFCY PLE Team volunteer Tony Young, a grade 12 student at Bayview Secondary School.

Since Josh is a novice driver and under the age of 21, he can face legal penalties as a result of violating the rules of Ontario's Graduating Licensing System, as well as other laws.   Here is a quick summary of some the charges that Josh could be facing.  For a full explanation of the law, please stay tuned later this week to Part 3 of this blog series.

1) Because Josh drove while having alcohol in his system, thus violating the Highway Traffic Act law that says novice drivers under age 21 cannot have ANY alcohol in their system while operating a motor vehicle.

2) Depending on the level of blood alcohol in his system and his level of impairment, Josh may have committed the Criminal Code Offences of 'driving with a blood alcohol concentration of more than 0.08' and 'driving while impaired by alcohol'.

3) Because Josh is under age 19 and has had his G2 license for less than six months, he was not supposed to drive any passengers between midnight and 5am (unless the passenger has their Glass G license), thus violating the Highway Traffic Act.

4) Josh ran a red light and could be charged with an offence under the Highway Traffic Act and/or Criminal Code.

5) Josh consumed alcohol while under the age of 19 and thus could be charged under the Liquor License Act.

To see a related scenario, click Part 2. For a full explanation of these laws, see Part 3 of this blog series.

The above comic was created by JFCY PLE Team volunteer Tony Young.  Legal info by JFCY. 

G2 License Rules

Scenario

http://images.3aw.com.au/2012/08/23/3576849/230812-Road-Cars.jpg

Naomi (age 17) is very excited that she has just recently passed her G2 driver’s test! Although she was grateful that she had had the opportunity to drive as much as possible with her G1, she thinks it is liberating to finally be able to drive on her own without her Mom or Dad in the passenger’s seat.

Without having her parents in the car, Naomi will finally be able to have the independence to drive to school, to the mall, and to the parties her friends throw every weekend, as long as she is back by the curfew her parents have established for her. Although having her G2 will allow Naomi to have some freedom, she is confused about the restrictions that seem to be in place regarding those who hold a G2 license.

One Friday, Naomi is at a house party her friend Kelly is hosting. Naomi arrives at 10:30 pm and everyone is drinking alcohol. Naomi decides to have one beer. [Please see the JFCY blog for issues related to alcohol. Please also read the newsletter that discusses houseparties. Underage drinking is illegal in Canada, and the age for legally drinking alcohol in Ontario is 19.] 

Just after midnight, Naomi decides she needs to leave to make it home in time for her 12:30 curfew. She decides to drive her friends Laura and James home, who live only a couple streets away from her. As she is driving home, she accidentally drives through a stop sign she hadn’t seen while going 35 kilometres over the speed limit. Much to her dismay, a police car had spotted Naomi’s driving offences and pulls her over.

Naomi is terrified. She has never been stopped by the police, and is afraid that on top of her traffic violations she has also violated the restrictions placed on her G2 license.

Legal Information on G2 licenses:

The legal information deals with the G2 License rules in Ontario. (There are also possible criminal charges but they will not be addressed in this post.)

The G2 License rules come from regulations under the Highway Traffic Act, specifically the Regulation called Driver’s Licenses, which sets out most of the rules regarding G2 licenses.

Alcohol consumption

While driving with a G2 license, a driver of any age is not allowed to consume any alcohol before driving.  Also, all drivers under the age of 21 (regardless of whether they have their full license) are not allowed to consume alcohol before driving.

The penalties for driving with alcohol in your system when under 21 or with a G2 can range from $60 to $500 upon conviction, along with a suspension of up to 30 days for a first offence. As well, there can be a 24 hour road side suspension of a license even before a conviction.

To learn more on drinking and driving under the G2 license. Click here.

Passengers

Naomi may also be violating the rules on number of passengers allowed while driving with a G2 license. During the day, the number of passengers is limited to the number of working seatbelts. However, at night the rules are more restrictive.

If Naomi has had her G2 license for less than six months and is aged 19 and under, she cannot carry a passenger aged 19 and under between midnight and 5 a.m. After the first six months, G2 drivers aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.

These restrictions do not apply to a G2 driver aged 19 and under if the G2 driver is accompanied by a G class driver in the front seat, or the passengers are immediate family members.

Since Naomi has violated the rules around passenger numbers she will be subject to a suspension as outlined in the Novice Driver Escalating Sanction Scheme. (see below)

How do you get convicted for a G2-type offence?

    

G2-type offences are NOT criminal offences.  They are “provincial offences”. If someone is caught committing a G2-type offence they can be charged.  The charging process starts when a person (the defendant) is given a certificate of offence (kind of like a ticket) by a provincial offences officer, which can include a police officer and a municipal offences officer. The details for these proceedings can be found in the Provincial Offences Act. The authority for the application to G2 offences is found in the regulation under the act, Proceedings Commenced by a Certificate of Offence.

Where a provincial offences officer proceeds in this manner, he or she must serve the  certificate of offence on the defendant within 30 days of the alleged offence. The officer must then file the certificate of offence in the court office as soon as possible after service of the office notice or summons. It is open to the defendant to plead in one of three ways: not guilty, guilty “with representations”, or guilty.  If they plead guilty then they would pay the set fine, which is sometimes written onto the ticket. If the person does nothing within 15 days of service of the offence notice, then they are deemed not to dispute the charge and a conviction is registered.

The Novice Driver Sanction Scheme

As outlined on the OntarioMinistry of Transportation website,

Effective August 1, 2010, novice or hybrid drivers (drivers that hold a novice license and full license, e.g., G) will be subject to Novice Driver Escalating Sanctions. These sanctions will apply if, within a five year period, you:

• are convicted of violating any of the graduated licensing conditions;

The Novice Driver Escalating Sanctions are as follows:

• 30-day licence suspension for the first occurrence;
• 90-day licence suspension for the second occurrence; and
• Novice licence cancellation for the third occurrence. Upon a third occurrence, your novice driver’s licence will be cancelled and any time discount earned, time credited or fees paid would be forfeited. You must re-apply to the graduated licensing program by passing a vision and knowledge test and paying all licensing fees. After you pass these tests, you will enter Level One and get a Class G1 licence. You must serve all the Level One and Level Two waiting periods and start as a new driver. You would need to take a beginner driver education course to qualify for a time discount.

To read more on the G2 license restrictions, visit the Ontario Ministry of Transportation.

If you are a youth in Ontario and have legal questions about this issue, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Thanks to Inez Leutenegger, a PLE Team volunteer for writing this scenario for this post. Inez is currently a paralegal student. Legal information written by JFCY summer student Jeremy Ozier and JFCY volunteer Sarah Mehta Alexander. Legal information was reviewed by JFCY.