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I have been involved in drinking and driving cases since 1977. Back then you typically received a $50.00 fine for your first offence and had your driving licence suspended for 30 days. A lot has changed since then.
Recently the province has decided to follow what British Columbia has done and take first time offenders (where no one has been injured) out of the criminal courts and treat it as if it is a traffic ticket with consequences. Make no mistake about it, this is a nasty ticket with driving prohibitions, vehicle impoundment and ignition interlock requirements as if you went through the criminal courts. Of concern is that you will not be placed on an intoxilyzer breathalyzer that gives a detailed reading of your blood alcohol content, rather a roadside screening device that previously just enabled the police to have grounds to arrest you and then compel you to provide breath samples on the intoxilyzer. Let me assure you that most of my colleagues are admirable people, hard workers and do the best for their clients. However, those that are dependent upon legal aid work must do a volume business in order to make a proper living and the legal aid rates have not gone up for over 11 years now. Additionally, associate lawyers must give a percentage, usually close to 50% of what they make to the firm they work in. I am not in this situation and carry a minimum number of files so each of my clients receives the proper attention and I can do the required amount of work for each of them.
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AuthorJames Lowry, B.A.(Hons), J.D., LL.M. Archives
April 2021
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"When I went into internal affairs and saw what was going on, I had no idea," he said. "I was working 28 years with blinders on ... I thought, you know what, maybe I should start seeing the other side ... Maybe these people deserve a little bit more in terms of representation and having someone look at their cases with a fresh set of eyes that knows." ~ James Edward Lowry
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