May 23
What is Impaired Driving Causing Bodily Harm?
Impaired driving causing bodily harm refers to a criminal offence in which an individual operates a motor vehicle while under the influence of alcohol or drugs, resulting in bodily harm to another person. It is a serious offence that involves impaired driving combined with the element of causing physical injury to another individual.
The offence typically involves the following elements:
- Impairment: The driver must be impaired by alcohol or drugs to the extent that it affects their ability to operate a motor vehicle safely. Impairment can be determined through various means, including observations by police officers, roadside sobriety tests, and breathalyzer or blood tests.
- Operation of a motor vehicle: The person must be operating or in care and control of a motor vehicle. This includes driving the vehicle, having physical control over the vehicle while intoxicated (even if not driving at the moment), or being in the vehicle with the intention of driving while impaired.
- Bodily harm: The impaired driving must result in bodily harm to another person. Bodily harm refers to any physical injury, ranging from minor injuries to more severe harm. The extent of bodily harm will be considered when determining the seriousness of the offense and the potential penalties.
Impaired driving causing bodily harm is a serious criminal offence in Canada, and the penalties can be significant. If convicted, the consequences may include fines, mandatory driving prohibitions, and imprisonment.
Impaired driving causing bodily harm is distinct from impaired driving causing death, which involves a situation where someone is killed because of impaired driving. The penalties for impaired driving causing death are typically more severe due to the tragic outcome of the offense.
Others Forms of Causing Bodily Harm or Causing Death?
Almost all driving offences, such as impaired, over 80, refusal, fail to stop (fail to remain), and dangerous operation can be laid as “causing bodily harm” or “causing death”. As with impaired driving, these offences will increase the potential penalty you would be facing if you are convicted.
DUI Lawyer Peel
A DUI charge is a serious matter. It is important when facing a DUI charge to choose an experienced Mississauga, Brampton, or Malton DUI lawyer. Lockyer Zaduk Zeeh has a roster of experienced Brampton DUI lawyers. Call us at 416-613-0416 to schedule a consultation.
