David Genis

ASSAULT CHARGE: ALL QUESTIONS ANSWERED AND WHAT YOU SHOULD DO

An assault is an offence that is punishable by up to 5 years of jail (Section 266 of the Criminal Code of Canada). So it is certainly not a small deal. That being said, good news is that an assault is a charge that has no minimum punishment prescribed by law. It means that, unlike in a case of an illegal firearm charges, child porn or DUIs…

IMPAIRED DRIVING VS OVER 80 MG – IS THERE A DIFFERENCE?

Impaired Driving vs Driving Over 80 mg ? Yes, even though either Impaired Driving or Driving Over 80 mg charge is commonly referred to as “drunk driving” or “drinking and driving”, there is a legally significant difference between these two charges. Even though these two charges would very often be laid together, they mean different things and are…

I AM CHARGED WITH DOMESTIC ASSAULT…

I am currently out on a strict bail resulting from a domestic assault charge… I am now told by our children that my wife is very sorry that she involved the police and she wants to take all the domestic assault allegations back. I want to return to my house. Can my wife convince the…

I WAS CHARGED WITH DRINKING AND DRIVING “CARE OR CONTROL”, BUT I WAS NOT DRIVING!?

I was charged with DUI care or control, but I was not driving!? My car was stuck in the ditch! Answer: “Vehicle in the ditch” is a fairly common “impaired or over 80 mg care or control” situation. Assuming that the Crown does not rely on past driving as it usually would be too…