INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code of Canada outlines the penalties for committing an offence under subsection (1).
SECTION WORDING
249.4(2) Everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 249.4(2) of the Criminal Code of Canada deals with impaired driving offenses. Impaired driving is defined as driving while under the influence of drugs or alcohol, or with a blood alcohol concentration above the legal limit. Subsection (1) of this section outlines the various offenses related to impaired driving, which include operating a motor vehicle while impaired, while having a blood alcohol concentration over the legal limit, and while refusing to submit to a breathalyzer or blood test. Subsection (2) outlines the penalties for those who commit an offense under subsection (1). If the offense is a first offense, the offender is liable to a fine of at least $1,000 and a one-year driving prohibition. For a repeat offense, the offender may be subject to imprisonment for a period of up to 10 years, in addition to other penalties such as increased fines, longer driving prohibitions, and mandatory alcohol education and treatment programs. The severity of the penalty is determined by the seriousness of the offense and the offender's prior record. If an offender has previously been convicted of an impaired driving offense, the courts are likely to impose a harsher penalty. This is intended to send a strong message that impaired driving is a serious offense, and to discourage repeat offenders from continuing to engage in this behavior. Overall, Section 249.4(2) of the Criminal Code of Canada reflects the seriousness with which impaired driving offenses are viewed in Canada. It is important for all drivers to understand the legal consequences of driving while impaired, and to take steps to avoid engaging in this dangerous behavior. This includes planning ahead for transportation, such as using a designated driver or a taxi service, or refraining from drinking or using drugs before getting behind the wheel.
COMMENTARY
Section 249.4(2) of the Criminal Code of Canada outlines the punishment for those who commit an offence under subsection (1), which deals with impaired driving causing bodily harm or death. This section highlights the severity of impaired driving and makes it clear that those who engage in this behaviour will face serious consequences. The first part of subsection (2) states that individuals who commit an offence under subsection (1)(a) will be guilty of an indictable offence and face a prison sentence of up to five years. An indictable offence is a serious criminal offence that is typically tried in a higher court and can result in a more significant punishment. This punishment is appropriate given the potential harm that impaired driving can cause to others on the road. The second part of subsection (2) states that individuals who commit an offence under subsection (1)(b) will be guilty of an offence punishable on summary conviction. A summary conviction is a less serious criminal offence that is typically tried in a lower court and can result in a lesser punishment, such as a fine or shorter prison sentence. This punishment is also appropriate given that not all cases of impaired driving cause bodily harm or death, but they are still dangerous and should be punished accordingly. Overall, section 249.4(2) of the Criminal Code of Canada sends a clear message that impaired driving is a serious criminal offence and will be punished accordingly. This section is important not only for punishing those who engage in this behaviour but also for deterring others from doing the same. The potential consequences of a prison sentence or a criminal record can significantly impact an individual's life and serve as a reminder of the life-altering effects that impaired driving can have on others. It is worth noting that this section also highlights the importance of responsible decision-making when it comes to driving. Impaired driving can be prevented by making responsible choices such as designating a sober driver, taking public transportation, or calling a ride-sharing service. By making these decisions, individuals can not only avoid serious criminal consequences but also help prevent harm to themselves and others on the road. In conclusion, section 249.4(2) of the Criminal Code of Canada is an important provision that punishes impaired driving causing bodily harm or death. The punishment outlined in this section is appropriate given the severity of this behaviour and serves as a deterrent to others. Ultimately, it is essential for everyone to make responsible choices when it comes to driving to help ensure the safety of themselves and others on the road.
STRATEGY
Section 249.4(2) of the Criminal Code of Canada deals with impaired driving causing bodily harm or death. This offence carries serious consequences, including potential imprisonment for up to five years and a criminal conviction that could impact one's personal and professional life. If you are facing charges under this section, it is crucial to consider strategic considerations and employ effective strategies to mount a strong defence and minimize potential consequences. One of the most important strategic considerations is to hire an experienced criminal defence lawyer who specializes in impaired driving cases. A seasoned defence lawyer can provide you with crucial legal guidance and representation throughout the legal process, including the investigation, trial, and sentencing stages. They can also help you navigate the complex legal system and identify potential weaknesses in the Crown's case against you. Another strategy is to gather evidence that can support your defence. This may include obtaining statements from witnesses who can attest to your sobriety or collecting physical evidence that could refute the Crown's allegations. It is also important to cooperate with police during the investigation process, but without admitting guilt or making self-incriminating statements. It is also crucial to consider potential plea deals and alternative sentencing options, such as diversion programs or conditional sentences, that could help minimize the consequences of a conviction. However, a plea deal or alternative sentence may not always be the best option, and this decision should be made after reviewing all the evidence and consulting with your lawyer. It is also important to be mindful of the potential collateral consequences of a criminal conviction. These consequences could include impact on future job prospects, travelling restrictions, and social stigma. A strategic defense lawyer can help mitigate the potential collateral damage of a criminal conviction and develop a long-term plan to minimize the impact of the charges on your life. Finally, it is important to recognize the seriousness of the charges you face and take them seriously. Engaging in reckless behaviour such as impaired driving not only puts your own life at risk, but also endangers the lives of others on the road. By taking responsibility for your actions, showing remorse, and being proactive in addressing any underlying issues that may have led to the offence, you can reduce the potential consequences of a conviction. In conclusion, facing charges under section 249.4(2) of the Criminal Code of Canada can be a daunting experience that requires strategic considerations and effective strategies. By hiring an experienced lawyer, gathering evidence, considering plea deals and alternative sentencing options, being mindful of collateral consequences, and taking responsibility for your actions, you can minimize the potential consequences of a conviction and move forward with your life.