If you are convicted of a second impaired driving offence in Nova Scotia within a 10-year period, you face a mandatory minimum of 30 days in jail. Furthermore, the Registry of Motor Vehicles will suspend your licence for a minimum of three years.
Facing a second impaired driving charge in Nova Scotia is a very stressful experience. The Crown prosecutors in Halifax take repeat offences incredibly seriously. Unlike a first offence where jail time is rare, a second conviction triggers mandatory imprisonment under the federal criminal laws of Canada.
Because the stakes are so high, it is highly recommended to speak with a local Halifax lawyer. A skilled defence lawyer can review the police evidence, ensure your rights were respected, and explain all your options. Whether you live in Halifax, Dartmouth, or Bedford, the legal process generally follows the same strict path.
Step-by-Step Process for a Second Impaired Driving Charge in Halifax
When the Halifax Regional Police (HRP) or the RCMP lay a second charge, the process moves swiftly. Understanding each step helps you prepare for what lies ahead.
Step 1: The Arrest and Immediate Suspension
If police have grounds to believe you are impaired by alcohol or drugs, you will be arrested and brought to the local police detachment for breathalyzer or blood testing. Right away, your vehicle will be impounded. The Nova Scotia Registry of Motor Vehicles (RMV) will also issue an immediate, indefinite licence suspension that lasts until your court matter is resolved.
Step 2: Receiving the Disclosure Package
Your lawyer will obtain your disclosure from the Crown prosecutor. This includes police notes, witness statements, and calibration records for the breath testing equipment. Finding mistakes in this paperwork is often the key to building a strong defence.
Step 3: Crown Pre-Trial and Negotiation
Your lawyer will meet with the Crown to discuss the strength of the case. Since a second offence carries mandatory jail time, negotiations focus heavily on identifying Charter violations or technical flaws. If the Crown’s case is weak, they might agree to drop the impaired driving charge in exchange for a plea to a lesser provincial traffic offence.
Step 4: Trial at the Halifax Provincial Court
If no resolution is reached, your case will proceed to trial at the local courthouse, typically the Halifax Provincial Court on Spring Garden Road. The judge will hear testimony from the arresting officers and review the evidence before deciding if the Crown has proven the case beyond a reasonable doubt.
How Much Does a Second Offence Cost in Nova Scotia?
The financial toll of a second impaired driving conviction is devastating. You must account for court fines, provincial programs, and lawyer fees. 💸
- Mandatory Fines: While jail is mandatory, the judge may also impose fines, often starting around $2,000 CAD.
- Towing and Impound: Expect to pay between $500 and $1,000 CAD for the mandatory vehicle impoundment.
- Provincial Programs: The Driving Without Impairment (DWI) program and addiction assessment cost roughly $450 CAD.
- Ignition Interlock: Installing and maintaining an interlock device for the mandatory period costs around $1,500 CAD per year.
- Lawyer Fees: Defending a second offence at trial typically ranges from $5,000 to $15,000 CAD depending on the law firm’s experience.
How Long Does the Process Take?
A standard criminal case in Halifax usually takes anywhere from 8 to 18 months to conclude. During this time, you will likely be without your driver’s licence. If convicted, the RMV requires a mandatory three-year licence revocation for a second offence within 10 years, followed by a lengthy mandatory period in the ignition interlock program.
Frequently Asked Questions (FAQ)
Can I avoid jail time for a second impaired driving offence?
If you are convicted of a second offence, a 30-day jail sentence is mandatory under the Criminal Code. The only way to avoid it is to win your trial or have the Crown reduce or withdraw the charges.
Does a second offence mean a lifetime driving ban?
Not usually for a second offence. In Nova Scotia, a second conviction within 10 years triggers a three-year licence revocation. A fourth offence generally results in a permanent revocation.
Will I have a criminal record?
Yes. An impaired driving conviction is a criminal offence that will result in a permanent criminal record, affecting your employment and ability to travel outside of Canada.
Can I get a restricted licence to drive to work?
Nova Scotia offers an Ignition Interlock Program, but for a second offence, there is a mandatory waiting period before you can apply to drive with the device installed.
Leave a Reply