INTRODUCTION AND BRIEF DESCRIPTION
If someone causes an accident resulting in bodily harm while driving under the influence, they are guilty of an indictable offence and can be imprisoned for up to 10 years.
SECTION WORDING
255(2.1) Everyone who, while committing an offence under paragraph 253(1)(b), causes an accident resulting in bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.
EXPLANATION
Section 255(2.1) of the Criminal Code of Canada stands as an amendment to the earlier provision in paragraph 253(1)(b), which outlines the specific criminal act of driving under the influence of drugs or alcohol and causing bodily harm to another person. The amendment stipulates that those who engage in this illegal act and cause an accident resulting in bodily harm to another person will be charged with an indictable offense and potentially face imprisonment for up to 10 years. An indictable offense is a serious crime that, if convicted, could lead to jail time in a federal or provincial prison and may also result in a criminal record. This law is designed to deter drivers from getting behind the wheel while under the influence of drugs or alcohol and causing harm to others. It is a serious offense that puts both the driver and other individuals on the road at risk, and the potential consequences of their actions can be severe. The law also recognizes that impaired drivers who cause accidents resulting in bodily harm should be held accountable for their actions and face punishment accordingly. This section of the Criminal Code of Canada serves as a warning to those who might be tempted to drive under the influence - the legal and social consequences of such reckless behavior can be significant, and the risks are not worth taking.
COMMENTARY
Driving under the influence of alcohol or drugs is a serious crime that poses a significant threat to public safety. Paragraph 253(1)(b) of the Criminal Code of Canada criminalizes impaired driving, and section 255(2.1) enhances the penalties for impaired driving causing bodily harm. Under this provision, anyone who causes an accident resulting in bodily harm to another person while driving impaired is guilty of an indictable offense and can receive a maximum sentence of up to 10 years in prison. This offense is separate from other charges that may apply, such as impaired driving causing death or dangerous driving causing bodily harm. The enhanced penalties for impaired driving causing bodily harm reflect the seriousness of the offense and send a clear message that impaired driving will not be tolerated. When an impaired driver causes bodily harm, they are not only breaking the law but also causing significant harm to innocent victims and their families. The Criminal Code of Canada recognizes that impaired driving causing bodily harm is a crime that warrants significant punishment. The penalties for this offense are higher than those for impaired driving alone, reflecting the greater harm caused when an accident occurs. The criminal justice system is tasked with upholding the law and protecting the public from harm. Impaired driving is a serious threat to public safety, and section 255(2.1) of the Criminal Code of Canada is an important tool in combating this issue. It is important to note that impaired driving is entirely preventable. There are numerous alternatives to driving, such as public transportation, taxis, ride-sharing services, or having a designated driver. Anyone who chooses to drive while impaired is not only putting their own life at risk but also the lives of others on the road. In conclusion, section 255(2.1) of the Criminal Code of Canada, which deals with impaired driving causing bodily harm, is a crucial provision in the fight against impaired driving. The penalties for this offense are severe, reflecting the seriousness of the crime and the harm it can cause. It is up to all of us to make the responsible choice not to drink and drive, and instead choose safer alternatives to ensure everyone's safety on the road.
STRATEGY
Driving under the influence of alcohol or drugs is a serious criminal offence in Canada which can lead to severe consequences, ranging from hefty fines to imprisonment. Section 253(1)(b) of the Criminal Code of Canada states that it is illegal for a person to operate a vehicle while their blood alcohol concentration level is over the legal limit. If the person is found guilty of causing an accident resulting in bodily harm to another person, then they are liable to be charged under section 255(2.1) of the Criminal Code of Canada. Such a charge can lead to imprisonment for a term not exceeding ten years. In such cases, there are a number of strategic considerations that should be taken into account. First, it is vital to determine if there are any possible defences to the charge. A skilled criminal lawyer can assess the evidence, and if there is any uncertainty regarding the cause of the accident or if there are issues with the testing equipment used to determine the blood alcohol concentration, those factors could be used as a defence. In the absence of any solid defences, the accused can also consider negotiating with the prosecutor for a plea bargain which can result in a lesser sentence. Secondly, the accused could seek to have the charge reduced to a less serious offence such as driving under the influence (DUI). A DUI offence is less severe, and has lower penalties than an offence covered under Section 255(2.1) of the Criminal Code of Canada. An experienced criminal lawyer can assist in establishing a solid defence for this and negotiate with the prosecutor to reduce the charge. Thirdly, when dealing with Section 255(2.1) of the Criminal Code of Canada, the accused should ensure that they take advantage of any alternative measures that are offered. Alternative measures include participating in rehabilitation programs and taking educational courses to demonstrate the accused's commitment to improving their behavior. These measures are often looked upon favorably in court, and can result in a less severe sentence if the accused completes them successfully. In conclusion, being charged under Section 255(2.1) of the Criminal Code of Canada is a very serious offence which can lead to severe consequences, including imprisonment. Therefore, any individual facing such a charge should ensure that they are represented by an experienced criminal lawyer who can assess the evidence and help them navigate the legal system. It is important to consider all strategic options available and choose the ones that are best suited to the specific circumstances of the case.