Line 1 on your paper · the charge
Your paper says 320.14(1)(a).
That's the impaired operation charge. 320.14(1)(a) is about how alcohol or a drug affected your ability to drive, not about a number. The Criminal Code's words are "impaired to any degree". Know what the line means and what comes next before your first court date.
The line, word by word
Three words do the work here too.
The same word as on the over 80 line.
It reads the same way on both lines. The 320.14(1)(b), over 80 page takes it word by word.
Your ability to drive, not a reading.
The Criminal Code says a person commits this offence when their ability to operate is "impaired to any degree" by alcohol or a drug. There is no number in this line. Whether the Crown can prove it is a separate question, and the paper doesn't decide it.
Either one, the same line.
Impaired by a drug is this same charge, 320.14(1)(a), just as impaired by alcohol is. A drug level measured in the blood is a different line, 320.14(1)(c), a drug in the blood.
Often on the same paper
Two lines, one night.
It's common to see 320.14(1)(a) and 320.14(1)(b) on one paper. They are two separate charges about the same drive. Line (a) asks about your ability to drive. Line (b), over 80, asks about a reading. What that means for your case is a question for the call.
Lines 5 and 6, and line 2
Three clocks, and only one is the court.
If your pile also has a suspension notice and an impound slip, two of these started at the roadside and run on their own, whatever the court decides.
Count your daysThe car.Held at the yard. The registered owner collects it after day 7. Your paper says 7 days
The licence.Suspended by the police, not a court, from the same night. Your paper says 90 days
The court date.The criminal case for 320.14(1)(a) starts here. Which courthouse is on it?
Most people read this line for the first time at the kitchen table, the morning after.
Line 2 · the first appearance
The first morning in court is usually short.
If you don't have a lawyer yet, go yourself. A missed court date can lead to a warrant.
Your building, room and time: Your paper says 10 Armoury Street · Your paper says Brampton · Your paper says Oshawa · Your paper says Newmarket · Your paper says Milton
- Arrive early with the paper.Bring ID and every paper you were given.
- Find your courtroom.The lists inside show your name and room. Line 3 tells you the building.
- Your name is called.Usually the Crown's evidence, called disclosure, is handed over or asked for.
- You leave with a next date.Usually nothing is decided about guilt at a first appearance.
Often on the same paper
Lines that sit next to this one.
About this line
Asked about 320.14(1)(a).
There's no number on my paper. Can it still be 320.14(1)(a)?
Yes. This line is about your ability to drive, not a reading. That is the difference between line (a) and line (b), over 80. If your paper also shows (b), that is a second, separate charge.
What does "to any degree" mean for me?
Those are the words of the Criminal Code. They describe what the Crown has to prove, not what happened in your case. How they apply to your night is a question for the call, with the paper in front of you.
Is impaired operation a criminal record?
A conviction is a criminal record. A charge is not a conviction. Right now you hold a charge, a court date and maybe two roadside papers. None of them is a finding of guilt.