Criminal Code Reviews

Grant has extensive experience in driving offences that fall under the Criminal Code of Canada, which means he is available to clients across the country.

As of June 2018, 100% of the cases Grants has been hired for at criminal court have gone in favour of the client by way of a plea deal or a withdrawal of the charge altogether.

Clients will be aware that consequences of Criminal Code convictions are more severe so it is of paramount importance that you have the best testimony available.

Grant has the skills and knowledge to ensure no stone is left unturned in the quest for crucial evidence, whether for the prosecution or defence.

A charge under the Criminal Code often differs from provincial laws governing motor vehicles. One thing to note is that charges can happen anywhere, whether on public or private property. Grant can provide expert opinion on Criminal Code convictions that happen in parking lots, which are often not covered under provincial laws.

Section 253 (1): Operation of a vehicle while impaired:

 
 

If your client blows a “Fail” on the roadside breath tester and the officer thinks they have a bad driving record or were involved in an accident, they may be arrested or detained at the discretion of the officer and taken to a police department to blow into the Intox EC/IR II. For a reading over .08 BAC at the police department, your client faces criminal impaired driving charges.

Grant Gottgetreu knows how to perform highly advanced legal analysis to support statements made on behalf of your client. To put it simply, he knows the defences that work and how to challenge driving prohibitions and criminal driving offences.

He has a comprehensive understanding of Approved Screening Devices (ASD) and has trained countless officers in their correct usage. His knowledge of ASDs, accumulated over the course of nearly three decades on the police force, helps him identify such things as malfunctions, inaccurate readings and miscalibrations.

Testing for the presence of alcohol or a drug

If a peace officer has reasonable grounds to suspect that a person has alcohol or a drug in their body and that the person has, within the preceding three hours, operated a motor vehicle or vessel, they may require the person to perform physical coordination tests and provide a sample of breath using an ASD.

They may make also make a video recording of a performance of the physical coordination tests. The administration of the ASD tests must follow strict procedures. If a police officer fails in his or her duty to adhere to these procedures, Grant will know. He trained other officers in how to test for the presence of alcohol or drugs and he still receives calls from officers asking for advice on proper methodology.

Driving while impaired can be a serious offence and anyone who causes injury or death of another person as result faces 10 years or even life in prison.

Section 249: Dangerous Operation of Motor Vehicles

 

The Criminal Code defines this offence as operating a motor vehicle “in a manner that is dangerous to the public”. Drivers are expected to have regard to all the circumstances, including the nature, condition and use of the surroundings and the current or expected traffic conditions.

The punishment for such an offence is severe and anyone found guilty faces the possibility of a prison sentence. The consequences get more severe when the dangerous operation causes harm to others.

Causing bodily harm as a result of the dangerous operation of a motor vehicle can result in a prison term of up to ten years while causing death by dangerous operation could lead to a maximum of 14 years in jail.

Grant dealt has an excellent record of assisting in cases of dangerous operation of a motor vehicle and he is able to provide expert reports based on certain facts and assumptions about the case as well as a technical analysis of the criminal allegation.

Section 252: Failure to stop at the scene of an accident

Failing to stop at the scene of an accident can land clients in hot water. Anyone who has the “care, charge or control of a vehicle” that is involved in an accident with another person, vehicle, vessel, aircraft, or cattle in the charge of another person is guilty of this offence.

In case of an accident, a driver must do things: stop, identify themselves and if required, provide assistance to any injured parties.

Punishment for this offence, punishable on summary conviction, is a prison sentence of up to five years. This sentence can increase to ten years if the driver knows they leave an accident knowing they have caused bodily harm or even a possible life sentence if they leave knowing they caused someone’s death.

Section 249.1: Flight

 

Anyone operating a motor vehicle while being pursued by a police officer who fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable is guilty of this offence.

Punishment can be up to five years in prison if anyone causes bodily harm while anyone who causes another person’s death while fleeing is liable to life in prison.

Section 249.2: Street Racing

 

Street racing is another offence that comes under various provincial motor vehicle laws, that include prohibitions on racing, stunts or wagering. Section 249.2 of the Criminal Code makes it an offence to “operating a motor vehicle in a race with at least one other vehicle on a street, road, highway or other public place.”

Punishment for causing death by criminal negligence as a result of street racing can be imprisonment for life while the maximum sentence for Causing bodily harm is 14 years.

Drivers convicted of dangerous operation of motor vehicle while street racing are liable to imprisonment for up to five years.

If you are a lawyer with a Criminal Code review, Grant is ready to help.

Phone him right away so he can get started on your case.