Areas of PracticeDriving Offences

Driving offences, including impaired and "over 80" cases, are an area of law that is specialized and complex. If convicted, the majority of these offences will result in the loss of one's driver's licence. While the courts say driving is a privilege and not a right, our lawyers recognize that the ability to drive is also a necessity for most of our clients. Without it, it is difficult or impossible to work, transport their children, and engage in many of their other daily activities.

This area of law is often changing and evolving, through both case law and legislative changes by the provincial and federal governments. If you are facing charges of this nature, you need lawyers that are prepared to take the time to craft a successful trial strategy. As well, you need lawyers that know the law better than the specialized police officers and prosecutors that handle these cases in our courts.

At Sitar & Milczarek, we have successfully argued many impaired, "over 80," dangerous operation, and other driving cases before the courts in Alberta. Often, we are able to negotiate resolutions that ensure our clients keep their driver's licence and avoid significant financial penalties. Using our reputation for making successful arguments at trial, we are often able to avoid trials for our clients and minimize the costs of a criminal trial. However, when negotiation does not work, our lawyers are able to rely on a wealth of technical and legal knowledge to argue on your behalf for the exclusion of evidence and, ultimately, an acquittal.

Some examples of cases where our lawyers have successfully defended individuals charged with driving offences include:

• R. v. D.S. – after the client caused a very serious highway traffic accident, our firm successfully negotiated a joint submission for a non-custodial sentence upon guilty plea to less-serious offences. Original charges included impaired driving, multiple counts of dangerous driving causing bodily harm (including injuries to an infant), and numerous other offences.
• R. v. S.J. - negotiated a resolution of $800 fine to minor Traffic Safety Act violation in a case where client was charged with Dangerous Driving for speeding upwards of 90km above the speed limit
• R. v. A.S. - negotiated a mid-trial resolution for Careless Driving under the Traffic Safety Act in a case where the client was involved in a high-speed motor vehicle collision with a parked car on a residential street.