Frequently Asked Questions

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  • What happens if I am convicted at trial or plead guilty to impaired driving, over .08?
    If it is your first offence and you were charged before July 2, 2008, the minimum penalty is a $600.00 fine and one year driving prohibition. If you were charged after July 2, 2008, the minimum fine is $1000.00 and a one year driving prohibition. If you have one or more prior convictions, it will depend on a number of factors – speak to your lawyer.
  • How long will it take to go to trial?
    From the time you put in a plea it will probably take at least six weeks before the matter will come up again for trial. Usually it will be two, three or four months down the road. It may take longer if an expert is required or if there are more than two or three witnesses scheduled.
  • What is disclosure?
    Disclosure includes just about anything the Crown prosecutor will be relying on at trial. It usually includes the police officer’s handwritten notes and reports, any witness statements, any collision reports, the Intoxilyzer printout etc. Disclosure also sometimes includes videotapes, audiotapes and photos.
  • How long does it take to get disclosure?
    It often depends on where the disclosure package is coming from. Usually disclosure takes between two and four weeks to arrive.
  • How do I get disclosure?
    You can order it yourself. Call the Crown Prosecutor’s office ahead of time to find out what documents you might need to bring with you. You can ask our firm to order it for you. We order disclosure and pick it up for free in our office.
  • Do I have to be present at every court appearance?
    If you are a youth you must appear at all court appearances unless you have filed a designation of counsel. Even then, you should know that some courts will insist on you being personally present for the first court appearance. It will not be enough to send someone else, a non-lawyer, in your place.
    If you are an adult and you know that the Crown is proceeding by summary conviction, as opposed to by indictment, you may be able to send someone in your place, depending on the kind of court appearance it is. Check with a lawyer before assuming that you do or do not have to be personally present.
    If the Crown is proceeding by indictment, you may file a designation of counsel which will allow a lawyer to be present on your behalf for most preliminary court appearances. (See question about summary versus indictable offences).
  • What if I can’t make it to court?
    Call your lawyer immediately. If you don’t have a lawyer, call the court house and the Crown Prosecutor’s office. Be aware that, depending on the nature of the court appearance, the matter may still go ahead if there is a suggestion that your reason is not valid.
  • Do I have to appear for fingerprinting?
    Yes. It is an offence not to go for fingerprinting.
  • Do the three months I have spent off the road after I got charged count towards the ultimate suspension I will get if I plead guilty or am found guilty of one of the impaired, over .08 or refusal charges?
    When you were charged you probably were given a temporary driver’s permit which lasts 21 days, after a 24 hour suspension. After the three week grace period, your licence is suspended for three months as part of the province of Alberta’s Administrative Licence Suspension Program. Those three months do not count towards any suspension you might get as a result of a conviction or a guilty plea. However, the two suspensions can run at the same time.
  • Is there any way of getting around the automatic three month license suspension?
    There is an appeal process that you can use to try to overturn the license suspension. You should talk to your lawyer about how that process works as well as other possible alternatives.
  • Can I get a temporary driving permit just for work purposes?
    No. The Transportation Safety Board, the administrative body which oversees the licence suspensions will not consider the hardship that losing your license may cause you or your family. However, talk to your lawyer to see if there are other options open to you.
  • What is the difference between summary conviction and indictable?
    Some criminal code offences are called “hybrid” offences. Impaired driving, over .08 and refusal are all “hybrid” offences. This means the Crown has a choice of whether to proceed by summary conviction or to proceed by indictment.
    If the Crown proceeds by indictment it means that the Crown views the case as more serious than the average case. The Crown will be seeking a greater penalty than it would in a “regular” case.
  • Can I get an ignition interlock device (sometimes referred to as a "blow box" in the vernacular) installed into my vehicle so that I can drive?
    If you are convicted, you may apply to get an ignition interlock device installed into your vehicle. To operate the vehicle one must blow into the device and, if it senses any alcohol, the ignition will not start. If this was your first offence, you will need to serve a minimum of three months (and possibly more) of your one year suspension before you will be allowed to apply for acceptance into the program. If this is not your first offence you should check with your lawyer for advice on this issue. The ignition interlock is only available after a finding of guilt.