If you use a motorized scooter in Canada, don’t get drunk and head out on the streets because you can be found guilty for impaired driving.

How could this be you ask? Well, the definition of a motor vehicle is any vehicle that is drawn, propelled or driven by any means other than muscular power.

In R. v. Shanahan the accused while drunk in a motorized scooter crossed a road. While doing so, the police saw him and pulled him over. He failed a breathalyzer (approved screening device), and was arrested for DUI.

An important point is the accused was not 100 percent disabled; he could walk 100 to 150 meters. Therefore, he was not entirely confined to a wheelchair.

At trial, J.D. Wake J. (the Honourable Judge) held the scooter was a motor vehicle as defined by the Criminal Code. The trial judge then gave the accused an opportunity to apply for relief under section 15 (equality rights) of the Charter.

The section 15 Charter breach hearing (equality rights) dealt with these two issues.

1. Were the accused’s section 15 equality rights breached?

J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don’t need motorized scooters.

Equality rights assessments use a comparator group. In this case the comparator group were all able-bodied persons who drank too much alcohol. This was the critical finding – the Court held because the accused was not completely immobile that he was not disadvantaged compared to the comparator group.

Also, people walking and impaired in public places can be charged with other criminal offences other than a DUI laws such as mischief.

2. What about the dignity of the defendant under s. fifteen of the Charter?

The Honourable Judge found the following regarding the accused’s dignity.

“The argument in favour of striking down s.253 seems to be that the dignity of a disabled person can only be sustained if he is afforded the right to behave with a lack of dignity. In my view s.15 of the Charter should not be used to support the result of such inverted reasoning.”

When all is said and done, a person operating a motorized scooter cannot be impaired.

Considerations:

This specific case involved someone not totally disabled. Therefore, the outcome could be different if a person was 100 percent disabled.

What about people using a motorized scooter on pain prescription medication?

Lastly, it’s a Canada DUI law that you can be found guilty of drunk driving if sitting in the driver’s seat while car is stationary. Does the same apply to a stationary motorized personal device?

If you’ve been charged with a crime such as DUI in BC, visit Vancouver defence lawyer website to learn more about Canada DUI laws and how Dykstra & Company can help you.

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Sometimes the guilt of the innocence is punishable by jail time. One of these instances is when theft and receiving stolen property is in the accusation. If you are accused of accepting and in the possession of stolen property you could be charged with a crime and you need to know what your rights are.

However, if you unaware that the property you have received is stolen then the legality of your guilt is shadowed. When this happens, many times it is a he said, she said type of scenario. There is a burden of proof by the law to confirm that you were aware the property was stolen.

If this property is over five thousand dollars then this is a felony. Less than this amount it is a misdemeanor. The amount of worth of the property is the first determinant of your guilt and ability for a prosecutor to follow through and prosecute you for a felony or misdemeanor.

If you are under suspicion or being prosecuted for this type of issue then you need to know the burden of proof with lay on the prosecutor. They have to be able to prove in court that you knew the property was stolen. They will also need to prove that you knew it and concealed this fact on purpose.

If you live in a state that separates receiving stolen property and possession of stolen property you could be in danger of having two charges files against you. A prosecution team will go after both crimes and try to convict you of both. This can possibly lead to double the sentence should you be found guilty.

These charges are minor felonies but they are in fact felonies and punishable by law. So, if you become aware that property you have received is stolen you need to turn it in immediately. Contact your local law enforcement offices to release the property. You will need to state where the property came from and will be questioned, but cooperating with the law is your best bet of not being convicted yourself.

The best thing to do in regards to these offenses is to seek out a criminal attorney if you have not already. Get one that specializes in these types of crimes. If you are associated with the person who has stolen the property it may be in your best interest to not share the same attorney.

Mr. Gonzalez is a Houston Criminal Lawyer and publishes general articles about legal issues. None of his articles are intended to be legal advice. If are accused of theft in the state of Texas, please contact a Houston theft defense lawyer to help you with your case.

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People who have found themselves on the wrong side of the law understand the importance of choosing a criminal lawyer. The court system in Houston is hard on offenders and going in without the proper representation is not a good idea. It may seem like a daunting task, but finding a good attorney is not that difficult.

It is a fact that nobody can be truly guilty until proven so in a courtroom. This is why it is so important for you to find legal representation who will work to make sure your rights are protected. You will need someone who cares about you and ensures that you are treated fairly.

The first step to take is some research. It is likely that there is only a minimal amount of time to find someone to represent you when dealing with upcoming court dates and deadlines. However, you still need to do some investigating into the services that are provided by the Criminal lawyers and abogados in your area.

The internet is one of the most valuable tools for finding things and this includes lawyers. Many sites provide its users with a complete listing of attorneys in every region of the world. They only require a zip code or city name to start a search. Many names will come up and some of them will have feedback from previous clients.

It is possible that many of the databases will have a complete review of each law firm and what degrees or other credentials each one of them holds. On these sites you might also be able to look at the cases that they have won in the past.

After narrowing down your search and making that initial appointment, make sure that you show up prepared. Have such things as court documents and information about the crime readily available. This will not only speed up the process, but also make it a lot easier for your attorney to dig things up.

Be sure to discuss service fees with the lawyer before ever taking on their services. Finding out that you cannot afford them will only waste both your time and theirs. Many Houston Criminal Lawyers or Abogados will charge a fee on a flat-fee basis or a hourly basis.

Choosing a criminal lawyer or abogado is going to be one of the most important decisions of your life. It could be the one factor that decides your fate. When it comes to staying out of jail you cannot be too careful.

Ricardo N. Gonzalez is a current Houston Criminal Lawyer and pens articles about broad legal subjects. His articles are never intended to be taken as legal advice. If you find yourself accused of a crime, please contact our Houston, Texas Law Firm for assistance with your case.

There are many questions arising concerning the subject of breathalizers. In fact, the question pertaining to whether or not breathalizers should be on all cars is striking a lot of debates. When these machines were first introduced to the public they were only required for people that had been convicted of drunk driving to have in their vehicles. However, now a lot of manufacturers are agreeing that putting these machines in every vehicle is the best route to take.

The device is a small machine that has a tube that the driver has to blow into to. There are some machines that will not allow your vehicle to run until you blow into this tube, while there are other machines that will stall if they detect alcohol on your breath that is above the legal limit.

There are people who think that the idea to have these machines in all vehicles is ludicrous. But there are other organizations on the other hand that are applauding the decision to have these machines placed in vehicles as a safety measure.

These machines being placed in motor vehicles have both good as well as bad attributes that many people are feeding off of to showcase their opinion on the matter. In fact, there are a plethora of people that declare that putting these machines in vehicles is actually a violation of a persons constitutional rights.

There are many states that presently only mandate that these systems are installed into an individuals vehicle if they have already been found guilty of driving under the influence. However, in an attempt to eliminate the problem of drunk driving altogether, these machines do have some very alluring features about them.

All around the world there are literally hundreds of thousands of people that lost their lives because of an irresponsible drunk driver. When you consider the people that lost their lives due to another drivers carelessness, the idea to have these machines installed does not seem silly in the least. In fact, having a machine in every vehicle may make the open roads a lot safer to drive on.

Even though there are still presently a lot of debates that have to be settled on the decision to implement that all vehicles have breathalyzers inside of them, the possibility is becoming a lot more likely. Not only will these machines cut back on the amount of people that die on the account of a drunk driver, but it will also enforce the drunk driving laws throughout the entire world.

Ricardo N. Gonzalez is a lawyer and publishes general articles discussing legal topics. They are not meant to be legal advice. To learn more discussing a Houston DWI Lawyer or for assistance with your case in the state of Texas, contact a Houston Criminal Lawyer.

Before hiring your Sacramento defense attorney you must do your research. You want to be sure that your case is going to get the attention it needs. You want to know what your attorney charges per hour and what they expect your case to cost. You want to see if other clients of your potential attorney were pleased with the service.

How can you locate the perfect Sacramento defense attorney for your case? Is there a simple process that you can go through to make sure you find the lawyer that is best suited to handle your case?

The first step is to do all the necessary research. This can begin with an Internet search for attorneys in the local area. See if there is any discussion going on about the office. Then, see if they offer a free consultation. While you are there, be sure to ask the secretary or paralegal what rates the lawyer charges. If he or she is too expensive, you don’t have to waste your time dealing with them.

When you confirm a consultation, have questions ready so you can maximize your time with the attorney. A typical consultation runs from 30 to 60 minutes. Ask questions regarding the attorney’s experience with criminal cases, experience with your certain charges and their familiarity with the court system you will be processed by.

You should also do your own evaluation of the atmosphere of the office, the mannerisms of the attorney, the professionalism of the staff and of other clients in the office. If the phone is ringing every five seconds and staff is scrambling to handle the high volumes of calls and clients, you might be in an office that is taking on a bigger case load than they should.

Don’t just look at the attorney. Paralegals to a lot of the research and paperwork, so it is important to make sure they are just as skilled and responsible as the attorney. You should also make sure they act just as professionally as any other Sacramento defense attorney.

If, on the other hand, you are waiting for your consultation and there are other clients in the office, ask them how they like the attorney and the work done for their case. Often the best way to get a qualified recommendation is from people just like you who are going through the same thing.

It can be a long process trying to find out which Sacramento defense attorney to hire. If you need a defense attorney, chances are things have gotten pretty bad. Find a Sacramento defense attorney that can give you a quality consultation and then choose the one that understands your situation.

Don’t go to trial in California without help to represent you. Whether you win or lose, guilty or not guilty, your experience with the law will be much easier with a Criminal Defense Attorney, a Sacramento Defense Lawyer on your team.

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