Operating at or Over the Legal Limit
The Criminal Code prohibits operating a conveyance with a blood-alcohol concentration at or above the prescribed limit within the statutory period. These cases are often document-heavy and timing-sensitive.
The Crown’s Evidence Must Be Reliable and Admissible
The prosecution must prove operation, the prohibited concentration within the required period, and the admissibility of the evidence. Statutory presumptions and certificates may apply, but their prerequisites and the surrounding process still matter.
Evidence We Review
- The stop, arrest, demand, and every recorded time
- Approved screening and evidentiary instrument records
- Qualified technician notes, certificates, observation periods, and continuity
- Access to counsel, language, comprehension, medical issues, and statements
- Operation or care-and-control evidence and any intervening consumption issue
A Timeline Can Decide the Case
Small timing differences may affect how events are understood. Video, dispatch data, call logs, receipts, and testing records should be compared rather than viewed in isolation.
Licence and Criminal Effects
An over-80 allegation can involve a provincial suspension before trial. A conviction may result in a criminal record, driving prohibition, fine, insurance consequences, and escalating exposure for prior convictions.
How Broadway Law Prepares the Defence
We audit the paperwork, instrument record, police compliance, timeline, and operation evidence, then assess Charter, evidentiary, and expert issues.
This page provides general information, not legal advice. Every case depends on its facts and the law in force at the relevant time.