请教：酒后驾车的处罚
- 主题发起人 apple0811
- 开始时间
你的朋友麻烦大了!!!!!!
PERSONS WHO ARE INADMISSIBLE TO CANADA
Persons who have been convicted of a CRIMINAL OFFENCE in ANY COUNTRY may be INADMISSIBLE TO CANADA as a result of their criminal record. Even persons who do not require a Visa to enter Canada may still be refused permission to enter Canada if they are MEMBERS OF AN INADMISSIBLE CLASS.
INADMISSIBLE CLASSES:
Members of Inadmissible Classes include those who have been convicted of MINOR OFFENCES (including shoplifting, theft, assault, dangerous driving, unauthorized possession of a firearm, possession of illegal substances, etc.), or of INDICTABLE CRIMINAL OFFENCES (including assault with a deadly weapon, manslaughter, etc.). As well, those who have been convicted of DRIVING WHILE INTOXICATED (DWI) are considered Members of an Inadmissible Class. Driving while under the influence of alcohol is regarded as an extremely serious offence in Canada.
Those who have received TRAFFIC VIOLATIONS (including parking/speeding tickets, etc.) and other minor violations (i.e. littering, etc.) most likely will NOT be prohibited from entering Canada. Similarly, those who have JUVENILE CONVICTIONS (convictions for crimes committed while under age 18) most likely will NOT be prohibited from entering Canada unless they could have been tried as an adult for their offences.
持G2驾照者驾车时，血液中的酒精含量必须为零。
如果是成年人(18岁以上)酒后驾车属于严重犯罪行为。 犯罪人，不会允许进入加拿大。如果已经在加拿大了，以后的办理移民或者入籍，都有问题。
第一次酒后驾车的处罚可能包括(安省):
1)a fine of $600 to $2000
2)revocation of driving privileges for one year from the date of conviction (not the date of being charged)
4)licence reinstatement fee of $100 (your cost)
5)you might also be required to be re-take any and all of your driver's tests, including written, road, and vision tests.
6)must successfully complete Ontario's remedial measures program, which came into effect September 30, 1998, before their licence can be reinstated. Participants must pay a fee of $475 (plus GST) to cover the cost of the program
7)除了法庭处罚治罪之外(会获得一个严重的犯罪记录),还可能Convictions may result in the loss of insurance, higher insurance rates, and loss of employment.
赶紧请一个好的律师吧.
Impaired Driving
What does "impaired driving" mean?
Impaired driving means driving a car, truck, boat, snowmobile, aircraft, train or other motor vehicle when the ability to operate the motor vehicle is impaired by alcohol or drugs.
A person can be convicted of the criminal offence of impaired driving when there is proof beyond a reasonable doubt of the person's impairment. Evidence might show, for example, that the person was driving very slowly or too fast, was not driving in a straight line, could not manage simple physical tasks, had slurred speech or bloodshot eyes or had breath that smelled of alcohol. A person who is actually impaired by alcohol can be convicted of impaired driving, whether or not the person's blood alcohol content was over the "legal limit."
What is the "legal limit"?
When the alcohol content in a person's blood is more than 80 mg of alcohol in 100 ml of blood, the person can be convicted of being "over the legal limit" (being "over 80"). In most situations, a breath test is used to determine the blood alcohol concentration. In some situations, a blood test is used to determine the concentration.
A person whose blood alcohol content is over the legal limit could be convicted even if the person didn't act drunk or seem to be impaired. The punishment for this criminal offence is the same as the punishment for driving while impaired.
What happens if a person refuses to give the police a breath sample?
A police officer can demand that a driver provide a breath sample on an "approved screening device" when the police officer has a reasonable suspicion that the person has alcohol in his or her body. The approved screening device test is usually done at the roadside.
A police officer can demand that a driver provide a breath sample on an "approved instrument" when the police officer has reasonable grounds to believe that the person has committed an impaired driving offence or was driving while over the legal limit. The approved instrument test is usually given at the police station.
A person who refuses to give a breath sample when asked, and does not have a legal reason for refusing, can be convicted of the offence of refusing to provide a breath sample. The punishment for this criminal offence is the same as the punishment for the offence of driving while impaired.
The police can ask a person who is unable to provide a breath sample because of an injury or physical problem to provide a blood sample. A doctor or other qualified medical professional will take the blood sample. Refusing to provide a blood sample is also a criminal offence.
Are there other impaired driving offences?
Yes. When an impaired driver injures someone, the impaired driver can be charged with impaired driving causing bodily harm. The appropriate charge will be decided after the police investigation. Impaired driving causing bodily harm is an indictable offence with a maximum punishment of 10 years in prison.
When an impaired driver kills someone, the impaired driver can be charged with impaired driving causing death. This is an indictable offence with a maximum punishment of life imprisonment.
What is the punishment for a person convicted of an impaired driving offence?
Impaired driving is a serious criminal offence.
For the offences of impaired driving, driving with a blood alcohol content "over 80," or refusing to give a breath or blood sample without a lawful excuse, the Criminal Code sets minimum penalties that the judge must impose. In addition to these minimums, the judge can decide that other punishments are also appropriate in the circumstances. For example, a judge could sentence a person convicted of impaired driving for the second time to a minimum of 14 days in prison, prohibit the offender from driving for three years and order the offender to report to a probation officer.
Minimum punishment Prohibition from driving
For a first offence A fine of at least $600 A prohibition from driving for at least one year and up to three years
For a second offence At least 14 days in prison A prohibition from driving for at least two years and up to five years
For subsequent offences At least 90 days in prison A prohibition from driving for at least three years and up to a lifetime ban
In some provinces in Canada, a judge can reduce the time a first offender is prohibited from driving if the driver participates in an alcohol ignition interlock program. When the ignition interlock is installed, a driver cannot start or run a motor vehicle unless the driver gives an acceptable breath sample.
What happens if a person who is prohibited from driving is caught driving?
When a person who has been prohibited from driving is caught driving, the person can be charged with the offence of operating a motor vehicle while disqualified. The Crown prosecutor may choose to process the charge as an indictable offence with a maximum punishment of five years in prison. Or, the Crown prosecutor may choose to process the charge as a summary conviction offence with a maximum punishment of six months in prison and a $2,000 fine.
Can a victim of an impaired driving offence make a victim impact statement?
Yes. A victim of an impaired driving offence can prepare a written victim impact statement that the judge must take into consideration when deciding on the appropriate punishment for the offender.
Where is more information available?
If you or someone you know have been a victim of crime, help is available. All provinces and territories have services for victims of crime. They can help if you need information or other assistance.
For more information about Canada’s justice system and links to victim services, visit our Web site:
http://canada.justice.gc.ca/victim
Policy Centre for Victim Issues
Department of Justice
112 Kent Street, Suite 870
Ottawa, Ontario
K1A 0H8
Fax: (613) 952-1110
如果是成年人(18岁以上)酒后驾车属于严重犯罪行为。 犯罪人，不会允许进入加拿大。如果已经在加拿大了，以后的办理移民或者入籍，都有问题。
第一次酒后驾车的处罚可能包括(安省):
1)a fine of $600 to $2000
2)revocation of driving privileges for one year from the date of conviction (not the date of being charged)
4)licence reinstatement fee of $100 (your cost)
5)you might also be required to be re-take any and all of your driver's tests, including written, road, and vision tests.
6)must successfully complete Ontario's remedial measures program, which came into effect September 30, 1998, before their licence can be reinstated. Participants must pay a fee of $475 (plus GST) to cover the cost of the program
7)除了法庭处罚治罪之外(会获得一个严重的犯罪记录),还可能Convictions may result in the loss of insurance, higher insurance rates, and loss of employment.
赶紧请一个好的律师吧.
Impaired Driving
What does "impaired driving" mean?
Impaired driving means driving a car, truck, boat, snowmobile, aircraft, train or other motor vehicle when the ability to operate the motor vehicle is impaired by alcohol or drugs.
A person can be convicted of the criminal offence of impaired driving when there is proof beyond a reasonable doubt of the person's impairment. Evidence might show, for example, that the person was driving very slowly or too fast, was not driving in a straight line, could not manage simple physical tasks, had slurred speech or bloodshot eyes or had breath that smelled of alcohol. A person who is actually impaired by alcohol can be convicted of impaired driving, whether or not the person's blood alcohol content was over the "legal limit."
What is the "legal limit"?
When the alcohol content in a person's blood is more than 80 mg of alcohol in 100 ml of blood, the person can be convicted of being "over the legal limit" (being "over 80"). In most situations, a breath test is used to determine the blood alcohol concentration. In some situations, a blood test is used to determine the concentration.
A person whose blood alcohol content is over the legal limit could be convicted even if the person didn't act drunk or seem to be impaired. The punishment for this criminal offence is the same as the punishment for driving while impaired.
What happens if a person refuses to give the police a breath sample?
A police officer can demand that a driver provide a breath sample on an "approved screening device" when the police officer has a reasonable suspicion that the person has alcohol in his or her body. The approved screening device test is usually done at the roadside.
A police officer can demand that a driver provide a breath sample on an "approved instrument" when the police officer has reasonable grounds to believe that the person has committed an impaired driving offence or was driving while over the legal limit. The approved instrument test is usually given at the police station.
A person who refuses to give a breath sample when asked, and does not have a legal reason for refusing, can be convicted of the offence of refusing to provide a breath sample. The punishment for this criminal offence is the same as the punishment for the offence of driving while impaired.
The police can ask a person who is unable to provide a breath sample because of an injury or physical problem to provide a blood sample. A doctor or other qualified medical professional will take the blood sample. Refusing to provide a blood sample is also a criminal offence.
Are there other impaired driving offences?
Yes. When an impaired driver injures someone, the impaired driver can be charged with impaired driving causing bodily harm. The appropriate charge will be decided after the police investigation. Impaired driving causing bodily harm is an indictable offence with a maximum punishment of 10 years in prison.
When an impaired driver kills someone, the impaired driver can be charged with impaired driving causing death. This is an indictable offence with a maximum punishment of life imprisonment.
What is the punishment for a person convicted of an impaired driving offence?
Impaired driving is a serious criminal offence.
For the offences of impaired driving, driving with a blood alcohol content "over 80," or refusing to give a breath or blood sample without a lawful excuse, the Criminal Code sets minimum penalties that the judge must impose. In addition to these minimums, the judge can decide that other punishments are also appropriate in the circumstances. For example, a judge could sentence a person convicted of impaired driving for the second time to a minimum of 14 days in prison, prohibit the offender from driving for three years and order the offender to report to a probation officer.
Minimum punishment Prohibition from driving
For a first offence A fine of at least $600 A prohibition from driving for at least one year and up to three years
For a second offence At least 14 days in prison A prohibition from driving for at least two years and up to five years
For subsequent offences At least 90 days in prison A prohibition from driving for at least three years and up to a lifetime ban
In some provinces in Canada, a judge can reduce the time a first offender is prohibited from driving if the driver participates in an alcohol ignition interlock program. When the ignition interlock is installed, a driver cannot start or run a motor vehicle unless the driver gives an acceptable breath sample.
What happens if a person who is prohibited from driving is caught driving?
When a person who has been prohibited from driving is caught driving, the person can be charged with the offence of operating a motor vehicle while disqualified. The Crown prosecutor may choose to process the charge as an indictable offence with a maximum punishment of five years in prison. Or, the Crown prosecutor may choose to process the charge as a summary conviction offence with a maximum punishment of six months in prison and a $2,000 fine.
Can a victim of an impaired driving offence make a victim impact statement?
Yes. A victim of an impaired driving offence can prepare a written victim impact statement that the judge must take into consideration when deciding on the appropriate punishment for the offender.
Where is more information available?
If you or someone you know have been a victim of crime, help is available. All provinces and territories have services for victims of crime. They can help if you need information or other assistance.
For more information about Canada’s justice system and links to victim services, visit our Web site:
http://canada.justice.gc.ca/victim
Policy Centre for Victim Issues
Department of Justice
112 Kent Street, Suite 870
Ottawa, Ontario
K1A 0H8
Fax: (613) 952-1110
曾经是
知名会员
- 注册
- 2002-01-27
- 消息
- 922
- 荣誉分数
- 0
- 声望点数
- 126
My friend was involved in an accident when he was driving while being drunk. His lience was suspended for 3 years. He was a refugee at that time, and he was not deported because of this.
So, the result may not be as bad, as long as you have a good lawyer.
Hope your friend has learnt a good lesson.
So, the result may not be as bad, as long as you have a good lawyer.
Hope your friend has learnt a good lesson.
