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The focus of my research assignment is on impaired driving. This driving while under the influence of substances. Substances can include drugs ranging from legal drugs such as cannabis, alcohol to illegal drugs like LSD or cocaine. The penalties for impaired driving range from a fine to life in jail depending on the offense. Driving also included other motor vehicles such as off-roading vehicles and boats. This falls under the Ontario Highway Traffic Act or the Criminal Code of Canada Section (253).

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Case Citation: R. v. Gubbins, 2018 SCC 44 (CanLII), [2018] 3 SCR 35

Case Summary: There was two cases regarding two separate individuals who charge with DUI over 80. Then the defendants wanted to obtain copies of the records for the devices used to test their BAC(blood alcohol content). The records recorded were kept by a third party company. So the case became against “first party” records and “third party” records.

Case Outcome: It was determined that the records were not considered first party. Therefore, it is not relevant. The defendants couldn’t provide how the maintenance records were relevant to the case. Mr. Grubbins was therefore granted a hold until a new trial date.

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Video Link 1: https://www.youtube.com/watch?v=-c-rZleAe0A

Comment: This video shows a young lady, who blew through two stop signs. While throwing litter out the car. York Regional Police pulled her over and the officier was requesting her license but she was showing her maps and Apple music. She was arrested for DUI and unfortunately there was a 5-year-old in the car.

Video Link 2: https://www.youtube.com/watch?v=SvbLP7_dy28

Comment: This from CTV news channel explaining the new impaired driving laws. They talk about the stricter penalties for impaired driving. They explained how now officers don’t need reasonable suspicion to demand a breath sample. They also created penalties for those who don’t want to offer a sample. They also interview the public for their opinion on the situation.

Video Link 3: https://www.youtube.com/watch?v=tnhC2GSjZng

Comment: This video explains about RIDE, DUI checkpoints. He explains don’t try to run because other officers will come after you. He explains what you can say when stopped in DUI checkpoint and you must provide your name and address. If the vehicle is not yours you must provide ownership and a license. Lastly he mentions how you cannot refuse the breath sample.

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Article 1: https://mattgould.ca/what-happens-when-you-get-a-dui-in-canada/

Comment: This article is created by criminal defense company that states the consequences from getting a DUI in Canada. It states about the criminal convictions, jail time and suspension of license.

Article 2: https://www.kruselaw.ca/library/do-checkpoints-really-reduce-drunk-driving-kruse-law.cfm

Comment: This article focuses on a study done on R.I.D.E program and the legal consequences of if checkpoints reduce drunk driving. They found that checkpoints can reduce crashes related to alcohol by 17% according to Kruse Law.

Article 3:

Comments: This article talks about how police are not longer shaming impaired drivers. The police in York had release a list of names with people having DUI. The article states this crime is part of public record for anyone to see.

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Image 1: https://www.mercurynews.com/2019/12/12/three-car-dui-crash-gravel-spill-closes-highway-101-for-hours/

Comment : This images shows the consequences that can occur from driving under the influence of substances. This person collided with the divider on a highway.

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Image 2: https://www.i-lawsuit.com/rights-dui-check-point/

This picture shows drivers approaching a DUI checkpoint. I think this relates impaired driving because this what officers are doing to get impaired drivers off the road.

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n.a . (2022, March 3). Impaired driving laws. Government of Canada, Department of Justice, Electronic Communications. Retrieved November 28, 2022, from https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/

n.a. (2021, July 7). Frequently asked questions - alcohol-impaired driving. Frequently Asked Questions - Drug-Impaired Driving Laws. Retrieved November 28, 2022, from https://www.justice.gc.ca/eng/cj-jp/sidl-rlcfa/qa_c46-qr_c46.html

Robertson, A. (2021, September 10). Impaired driving penalties & consequences. Criminal & DUI Defence. Retrieved November 28, 2022, from https://fightthecharges.com/penalties-consequences-if-convicted/

R. v. Gubbins, 2018 SCC 44 (CanLII), [2018] 3 SCR 35, <https://canlii.ca/t/hvqb7>, retrieved on 2022-11-28

Brown, S. (2018, December 4). R v gubbins introduces evidentiary hurdles for those charged with driving over 80. TheCourt.ca. Retrieved November 28, 2022, from http://www.thecourt.ca/r-v-gubbins-introduces-evidentiary-hurdles-for-those-charged-with-driving-over-80/

Videos Cited:

York Regional Police. (2021, July 2). Impaired driver with child in car charged. YouTube. Retrieved November 28, 2022, from https://www.youtube.com/watch?v=-c-rZleAe0A

CTV News. (2018, December 18). What you need to know about the new impaired driving laws. YouTube. Retrieved November 28, 2022, from https://www.youtube.com/watch?v=SvbLP7_dy28

Next Law. (2022, April 19). DUI checkpoints in ontario - 3 things you need to know. YouTube. Retrieved November 28, 2022, from https://www.youtube.com/watch?v=tnhC2GSjZng

Articles Cited:

Gould, M. (2022, May 4). What actually happens when you get a DUI in Canada. Matt Gould - Winnipeg Criminal Defence. Retrieved November 28, 2022, from https://mattgould.ca/what-happens-when-you-get-a-dui-in-canada/

n.a. (n.d.). Do checkpoints really reduce drunk driving? Kruse Law Firm. Retrieved November 28, 2022, from https://www.kruselaw.ca/library/do-checkpoints-really-reduce-drunk-driving-kruse-law.cfm

n.a. (n.d.). Ontario Police Force no longer 'naming and shaming' accused impaired drivers. Kruse Law Firm. Retrieved November 29, 2022, from https://www.kruselaw.ca/library/police-no-longer-naming-and-shaming-impaired-drivers.cfm

Images Cited:

Kelliher, F. (2019, December 13). Three-car DUI crash, Gravel Spill Closes Highway 101 for hours. The Mercury News. Retrieved November 29, 2022, from https://www.mercurynews.com/2019/12/12/three-car-dui-crash-gravel-spill-closes-highway-101-for-hours/

n.a, Jackson, & Sellers, M. (2021, June 11). What are my rights at a DUI checkpoint? File a Lawsuit. Retrieved November 29, 2022, from https://www.i-lawsuit.com/rights-dui-check-point/

n.a. (2021, September 28). Refusal or failure to provide a sample. Alan Pearse Law. Retrieved November 29, 2022, from https://www.alanpearse.com/services/refusal-or-failure-to-provide-a-sample/

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Image 3: https://www.alanpearse.com/services/refusal-or-failure-to-provide-a-sample/

Comment: This image show a man avoiding a breath sample. Little does know he could be charge for this. The officer in the picture does not look to happy with this situation.

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It can be concluded that drinking and driving is very dangerous. You could cause an accident or potentially even kill someone. From the research I concluded police are ramping on enforcing driving under the influence of substances especially during the holiday season. I am most likely to remember that you cannot legally refuse a breath sample when stopped by an officer. I didn’t know you could get convicted under the Highway Traffic Act or the criminal code depending on situation.