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Impaired Driving Causing Bodily Harm in Ontario
The Criminal Code describes bodily harm as an injury that meaningfully affects a person’s health or physical comfort and goes beyond something minor or short-lived. Brief soreness, minor aches, or fleeting discomfort are not enough. To support a charge involving bodily harm, the injury must be real, measurable, and more than trivial in nature.
When an impaired driving allegation includes injury or death, the legal consequences become significantly more serious. The Criminal Code contains separate provisions that increase the potential penalties where bodily harm or death is involved, reflecting the heightened gravity of these offences addressed under section 320.2.
To secure a conviction for impaired driving causing bodily harm or death, it’s not enough to simply show that a driver was impaired. The prosecution must also prove that an accident occurred, that the accident resulted in bodily harm or death, and that the driver’s impairment was the direct cause of the collision itself. Each of these elements must be established beyond a reasonable doubt.
Because these cases involve layered legal and factual issues, they are far more complex than standard impaired driving charges. Talk to an experienced DUI lawyer to get a proper case assessment and a defence strategy based on the specific facts and weaknesses in the prosecution’s case.
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Impaired Driving Causing Bodily Harm Penalties
Bodily harm inflicted on someone other than the driver, be it a pedestrian, another driver, or someone in the same vehicle, has serious implications. This offence can be prosecuted summarily or by indictment, with the minimum penalties increasing for repeat offences:
- First offence (minimum $1,000 fine)
- Second offence (minimum 30 days imprisonment)
- Third or subsequent offence (minimum 120 days imprisonment)
Maximum penalties differ depending on the type of prosecution:
- Summary conviction (up to 2 years less a day in prison, and/or a $5,000 fine)
- Indictable offence (up to 14 years in prison)
DUI offences resulting in death are always indictable and carry a maximum punishment of a life sentence. Even though minimum penalties exist, courts are very resistant to imposing the lowest fines or jail terms for serious injuries or fatalities.
From an Experienced Attorney
When the accident results in bodily harm, the consequences extend far beyond a standard DUI. It concerns not only severe immediate penalties and imprisonment, but also the long-term impact on your life, including career and travel opportunities.
The right legal strategy can and will make a difference. An experienced impaired driving lawyer will provide guidance through every step of the process, from preliminary hearings to trial.
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One moment behind the wheel can change someone’s life, yours included. A single impaired driving incident that causes bodily harm can lead to serious criminal consequences, serious jail time, and long-lasting effects on your personal and professional life. The impact on your reputation and relationships will linger long after the sentence is served.
The Advantages of Speaking with
Jonathan Lapid
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Jonathan Lapid - DUI Industry Leader
Jonathan Lapid is a criminal defence lawyer and DUI specialist in the GTA with over 25 years of experience. His expertise is well-known even among law enforcement. A few years ago, a Brampton police officer facing a DUI reached out to Jonathan after colleagues repeatedly mentioned him as a lawyer they found difficult to challenge in court.
Jonathan has represented a wide range of clients, from NHL and Olympic athletes to police officers, doctors, lawyers, executives, pilots, flight attendants, and factory workers. His practice spans high-profile cases and everyday Canadians alike.
This impressive record shows the consistency and depth of his work. Jonathan’s clients rely on his experience and understanding of the legal process to handle the most complex cases with attention and effective strategy.
Serving Mississauga and the GTA
GTA DUI cases can vary significantly depending on the region, the police service involved, and the court where the matter proceeds. Jonathan Lapid has been dutifully defending drivers in Mississauga and the GTA for many years and will help you with regional expertise. Make a call or fill out the contact form to get a free case estimation and a real course of action, even if your situation is complicated.
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Jonathan Lapid makes expert legal representation widely accessible, helping out drivers facing DUI charges throughout the Greater Toronto Area. The service area list includes but is not limited to:
If you are facing a DUI charge anywhere in the GTA, you can move forward knowing your defence will be handled with the seriousness it deserves. Get an experienced lawyer on your side to give you the best chance at getting a better future.