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Drinking and Driving
Preparing a defence
It is vital that you record the details surrounding a drinking and driving charge as soon as possible. This information is crucial to your defence. But disclose it only to your lawyer. If it falls into the hands of authorities, the Crown could use it against you.
Do not discuss your alcohol consumption or any other information surrounding your charge with anyone but your lawyer! Doing so could undermine your defence.
Questions for an Over 80 charge
What was your weight on the day of the alleged offence?
Where were you drinking? List all locations in chronological order.
Record the time of your arrival at and departure from each location. Note any details (e.g., television programs) and preserve any documents (e.g., receipts, automatic banking machine slips) that help pinpoint these times.
What type of beverage(s) were you drinking?
Record the alcohol content of each beverage. To determine this information, you can check the beverage container or contact the place where you were drinking.
Record the amount of each drink in ounces or millilitres. If you were drinking beer by the bottle or can, note the size. If you were drinking by the glass (or other vessel), measure it and set it aside.
If you were drinking at an establishment, find out the amount of beverage poured for each drink. For example, how much liquor is poured per shot? How much wine per glass or carafe? For draft beer, how much is dispensed per serving or pitcher. If you were pouring your own drinks from a pitcher or carafe, find out the size of the glass you used. It may help to obtain a sample glass or other vessel.