R. v. X.X. – 0661

Allegation:

X.X. was charged in Swift Current, Saskatchewan after being found behind the wheel of a semi-truck that had gone off the road and into a ditch on a nearby highway. Police and emergency responders attended the scene and noted signs of alcohol consumption. Officers alleged that X.X. exhibited physical signs of impairment and later obtained a blood sample at hospital. Lab results reported a blood alcohol concentration more than three times the legal limit. The Crown charged X.X. under section 320.14(1)(b) of the Criminal Code with operation of a motor vehicle with a blood alcohol concentration over 80 mg%.

These are very serious charges. A conviction for impaired driving or “over 80” results in an automatic criminal record, mandatory driving prohibition, and can carry jail time, particularly where high blood alcohol readings or commercial vehicles are involved. For truck drivers and other commercial operators, the consequences of conviction can be career-ending.

Result:

Devlin Gavigan was successful in having the matter resolved by way of a traffic ticket, sparing the accused the long-term consequences of a Criminal Code conviction. No licence suspension. No record. No jail.